Nationwide Mutual Ins. Co. v. Zurich American Ins. Co.

Summary

The United States District Court for the Eastern District of California considered objections to Defendants’ Bill of Costs in an insurance coverage dispute. The Court overruled the objections and granted the Bill of Costs in the amount of $6,369.25, including mediator fees and an attorney service fee.

Holdings

1. Rule 54(d)(1) creates a presumption that the prevailing party may recover costs other than attorney's fees, subject to the limitations in 28 U.S.C. § 1920 and Eastern District of California Local Rule 292.
2. The objection to the requested mediator fees was overruled, and the mediator-fee request was included in the granted Bill of Costs.
3. The objection to the $231.75 Ace Attorney Service fee was overruled because Defendants provided supplemental documentation supporting the requested fee.

Questions Presented

1. Whether Plaintiffs' objection to taxing the requested mediator fees should be sustained.
2. Whether Plaintiffs' objection to taxing the Ace Attorney Service fee for insufficient documentation should be sustained.
3. Whether Defendants' Bill of Costs should be granted under Federal Rule of Civil Procedure 54(d)(1), 28 U.S.C. § 1920, and Eastern District of California Local Rule 292.

Disposition

other