Nghiem v. Santa Clara University

Background

On January 5, 2024, the court granted defendants’ motion for summary judgment. Defendants then submitted a bill of costs seeking $2,519.95 for a written transcript and videotaped recording of Peter Nghiem’s deposition, including related deposition exhibits.

Nghiem objected to the bill of costs. He argued that some requested costs were not allowable and that the court should deny costs because of his limited financial resources. He stated that he had very low income as a part-time caregiver, slept in the living room of his mother’s one-bedroom apartment, and stored most of his limited belongings in personal storage. The court had previously allowed him to proceed without paying filing fees.

Court’s analysis

The court held that the requested costs were allowable under Civil Local Rule 54-3. That rule allows the cost of an original and one copy of a deposition, including a videotaped deposition, and also allows the cost of reproducing deposition exhibits when the deposition cost is allowable.

Federal Rule of Civil Procedure 54(d)(1) creates a presumption that the prevailing party will receive costs. The court explained, however, that a district court may refuse to award costs, including when the losing party has limited financial resources. The losing party must affirmatively show why the prevailing party should not receive costs.

Ruling

The court found that the evidence established that paying $2,519.95 would create a significant financial hardship for Nghiem. It also found that awarding costs could discourage future civil-rights litigants. Exercising its discretion, the court denied any award of costs to defendants.