Andrade v. American First Finance, Inc.

Background

The court considered Plaintiff Maria Andrade’s bill of costs and Defendant American First Finance, Inc.’s objections. The court had previously found that the defendant’s practices were unconscionable, ordered the defendant to return the entire amount it collected from Andrade, barred further attempts to collect from her, and required a corrective notice to credit-reporting agencies. Although Andrade did not prevail on every claim, the court stated that she obtained essentially all the relief she sought. The court also noted that it had denied her motion for class certification, but that denial did not reduce her recovery.

Legal standard

Federal Rule of Civil Procedure 54(d)(1) generally creates a presumption that the prevailing party will receive taxable costs, meaning costs allowed under federal law. Unless a contract or statute provides otherwise, recoverable costs are limited to those identified in 28 U.S.C. § 1920. A party need not prevail on every claim to qualify as the prevailing party.

Ruling

The court found that Andrade was the prevailing party and entitled to recover costs. Andrade did not contest the defendant’s objections to particular costs. Based on those objections, the court reduced her costs from $81,200.79 to $53,222.89 and awarded her the reduced amount. Judge Sallie Kim signed the order.