Thomas v. Mettie et al

Filing 62

Opinion and Order - Defendants' Bill of Costs (Dkt. 60 ) is GRANTED IN PART. Defendants are awarded $1,182.65 in costs. Signed on 3/19/2015 by Judge Michael H. Simon. (mja)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON

NATHAN LEE THOMAS,
Plaintiff,

Case No. 3:14-cv-00554-SI
OPINION AND ORDER

v.
ANGELA M. METTIE, DAVID T.
BEARDEN, JERI HEMMER, RONI SUE,
ANGELO GOMEZ, and EDWARD J. RAY,
Defendants.
Nathan Lee Thomas, P.O. Box 9261, Portland, OR 97207. Pro se.
Michael Porter, Andrea M. Barton, MILLER NASH GRAHAM & DUNN LLP, 3400 U.S.
Bancorp Tower, 111 S.W. Fifth Avenue, Portland, OR 97204. Of Attorneys for Defendants.
Michael H. Simon, District Judge.
Plaintiff Nathan Lee Thomas, pro se, filed a claim under the Americans with Disabilities
Act. On February 17, 2015, the Court granted Defendants’ motion for summary judgment and
dismissed this action. Dkts. 58, 59. Accordingly, Defendants are the prevailing party.
On February 20, 2015, Defendants submitted their Bill of Costs, seeking $2,058.90 in
costs incurred in taking the videotaped deposition of Plaintiff. Dkt. 61. Plaintiff did not object to
Defendants’ Bill of Costs.
PAGE 1 – OPINION AND ORDER

Federal Rule of Civil Procedure 54(d) creates a presumption that costs will be awarded to
the prevailing party, but vests the district court with discretion to refuse to award costs. See Ass’n
of Mexican-Am. Educators, 231 F.3d 572, 591 (9th Cir. 2000). The Court has reviewed
Defendants’ Bill of Costs and grants it in part. The Court finds that taking Plaintiff’s deposition
by video was excessive and unreasonable under the circumstances of this case. Accordingly, the
Court reduces the requested costs by $876.25, the amount charged for the videotaping and DVD
copies of the deposition.
Defendants’ Bill of Costs (Dkt. 60) is GRANTED IN PART. Defendants are awarded
$1,182.65 in costs.
IT IS SO ORDERED.
DATED this 19th day of March, 2015.
/s/ Michael H. Simon
Michael H. Simon
United States District Judge

PAGE 2 – OPINION AND ORDER