Yasui v. Maui Elec. Co., Ltd.

78 F. Supp. 2d 1124, 1999 U.S. Dist. LEXIS 19979, 1999 WL 1269181
CourtDistrict Court, D. Hawaii
DecidedDecember 22, 1999
DocketCivil 98-00544 SOM/BMK
StatusPublished
Cited by9 cases

This text of 78 F. Supp. 2d 1124 (Yasui v. Maui Elec. Co., Ltd.) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Yasui v. Maui Elec. Co., Ltd., 78 F. Supp. 2d 1124, 1999 U.S. Dist. LEXIS 19979, 1999 WL 1269181 (D. Haw. 1999).

Opinion

ORDER REGARDING COSTS

MOLLWAY, District Judge.

I. INTRODUCTION.

Jonathan M. Yasui (“Yasui”) alleged that he was wrongfully terminated by Defendant Maui Electric Company, Ltd. (“Maui Electric”) and that Defendant International Brotherhood of Electrical Workers, Local 1260 (“IBEW”) did not properly represent him in subsequent grievance procedures. On September 21, 1999, this court granted summary judgment in favor of Maui Electric and IBEW on all of Yasui’s claims. On September 30, 1999, IBEW filed a Bill of Costs in which it requested $4,784.58 in costs. On October 6, 1999, Maui Electric filed a Bill of Costs in which it requested costs in the amount of $11,634.01. Yasui objected to these bills of costs on October 20, 1999.

Pursuant to 28 U.S.C. § 1920, this court finds that Defendants are entitled to costs *1126 of $3,481.98 and $5,776.16, respectively. However, given Yasui’s financial and health conditions, this court reduces those amounts to $2,500 each. 1

II. ANALYSIS.

Under Rule 54(d), costs are allowed as of course to the prevailing party unless the court otherwise directs. Fed.R.Civ.P. 54(d); see Trans Container Servs. (Basel) AG. v. Security Forwarders, Inc., 752 F.2d 483, 488 (9th Cir.1985). The trial judge has wide discretion in awarding costs under Rule 54(d). Id. (trial judge can deny costs to prevailing party in its discretion as long as the court indicates its reasons); K-S-H Plastics, Inc. v. Carolite, Inc., 408 F.2d 54, 60 (9th Cir.) (“trial court has wide discretion in awarding costs”), cert, denied, 396 U.S. 825, 90 S.Ct. 69, 24 L.Ed.2d 76 (1969).

As the prevailing parties, IBEW and Maui Electric are entitled to costs, but not to the extent they claim. Courts do not have discretion under Fed.R.Civ.P. 54(d) to tax whatever costs seem appropriate. Rather, courts may tax only those costs defined in 28 U.S.C. § 1920. Alflex Corp. v. Underwriters Laboratories, Inc., 914 F.2d 175, 177 (9th Cir.1990) (citing Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441-442, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987)), cert. denied, 502 U.S. 812, 112 S.Ct. 61, 116 L.Ed.2d 36 (1991). Section 1920 permits this court to tax the following as costs:

(1) Fees of the clerk and marshal;
(2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;
(6) Docket fees under section 1923 of the title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.

28 U.S.C. § 1920.

IBEW seeks taxation of $4,784.58 in costs, itemized as follows:

A. Fees for Court Reporters:

1. Jonathan Yasui Deposition $468.75
2. Jonathan Yasui Deposition $445.31
3. Gary Brito Deposition $306.25
4. Michael Mclnerny Deposition $320.78
5. Gary Vinge Deposition $364.95
6. Herbert Glassen Deposition $535.26
7. Bonnet and Wachi Depositions $532.91
8. Arthur Takabayashi Deposition $393.23

SUBTOTAL $3,367.44

B. Fees for Exemplification and Copies of Papers:

1. 12/16/98 Professional Image O U5 C/3
2. 3/29/99 Professional Image ^ H rH C/3

3. 4/7/99 Professional Image r-j OO 05 C/3

4. In-house Copying ^ CÓ 05 rH i — T ■6/3-1

SUBTOTAL

C. Other Costs:

1. Audio Media, Inc. ^ o c§ nr

2. Postage -q 00 3 nr L/J

3. Fees for Courier Service:

a. 4/1/99 City Express tO O 05 n r

b. 4/1/99 City Express DO o 05 .nr

c. 8/16/99 City Express GO h- 1 to to nr. Kf*

d. 8/16/99 City Express CO H- 1 to to n

*1127 Subtotal of Cornier Costs $ 58.02

SUBTOTAL $109.20

TOTAL $4,784.58

Maui Electric seeks taxation of $11,-634.01 in costs, itemized as follows:

1. Jonathan Yasui Deposition $802.29
2. Jonathan Yasui Deposition $712.29
7. Bonnet and Wachi Depositions $513.96

SUBTOTAL $3,949.01

1. In-house Copying $2,329.80
2. Professional Image $ 88.71

SUBTOTAL $2,418.51

1. In-house Facsimile Transmissions $388.00
2. Computer Research $4,131.11
3. Long Distance Phone Calls $ 27.73
4. Process Servers $555.00
5. Federal Express $ 16.25
6. Parking Fee at Airport $ 7.00

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Bluebook (online)
78 F. Supp. 2d 1124, 1999 U.S. Dist. LEXIS 19979, 1999 WL 1269181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yasui-v-maui-elec-co-ltd-hid-1999.