Cosby v. Lee County et al

Filing 39

ORDER granting in part and denying in part 38 Defendant Lee County's Motion to Tax Costs and Incorporated Memorandum of Law. The Costs for the Federal Filing Fee in the amount of $400.00 is GRANTED. Defendant is awarded costs in the amount of $400.00. The Costs for Paralegal Services in the amount of $136.50 is DENIED. The Clerk is directed to amend the Judgment accordingly. Signed by Judge Sheri Polster Chappell on 10/20/2014. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
GREGORY V. COSBY, SR.,
Plaintiff,
v.

Case No: 2:14-cv-255-FtM-38DNF

LEE COUNTY, JACK BARDEN,
PAUL VALENTI and GLEN SALYER,
Defendants.
/
ORDER1
This matter comes before the Court on Defendant Lee County’s Motion to Tax
Costs and Incorporated Memorandum of Law (Doc. #38) filed on September 29, 2014.
Plaintiff Gregory V. Cosby, Sr. has not filed a response and the time to do so has
expired. Thus, the Motion is now ripe for review.
FACTS
This case was initiated when Plaintiff filed his Complaint against Defendants on
April 17, 2014, in the Circuit Court of the Twentieth Judicial Circuit in and for Lee
County. (Doc. #2). The Case was removed to the U.S. District Court in and for the
Middle District of Florida, Fort Myers Division. (Doc. #1). Plaintiff filed an Amended
Complaint on July 17, 2014. (Doc. #26). Defendants filed an Amended Motion to
Dismiss on July 22, 2014. (Doc. #27). On September 24, 2014, the Court granted
1

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Defendants’ Motion to Dismiss the Amended Complaint. (Doc. #36). Thereafter, on
September 25, 2014, Final Judgment was entered in favor of Defendants. (Doc. #37).
DISCUSSION
On September 29, 2014, Defendant, Lee County, filed its Motion to Tax Costs
and Incorporated Memorandum of Law (Doc. #38) requesting the Court to enter an
Order taxing the costs against Plaintiff as follows:
5/9/14

Federal Court Filing Fee

$400.00

5/16/14

Contracted Paralegal Services

$136.50

TOTAL:

$536.50

Under Fed. R. Civ. P. 54(d), the prevailing party can move the Court to order
costs against the losing party. However, the Court only has the discretion to “award
those costs specifically enumerated in 28 U.S.C. § 1920….The Court may not tax as
costs any items not included in 28 U.S.C. § 1920.” Luka v. City of Orlando, 2011 WL
4837263 *7 (M.D. Fla. Sept. 23, 2011) report and recommendation adopted, 2011 WL
4836229 (M.D. Fla. Oct. 12, 2011) (internal citations omitted).

The burden for

challenging the taxability of these costs lies with the losing party. See Luka, 2011 WL
4837263 at *7 (stating “when challenging whether costs are properly taxable, the
burden lies with the losing party, unless the knowledge regarding the proposed costs is
a matter ‘within the exclusive knowledge of the prevailing party.”).
28 U.S.C. § 1920 reads in pertinent part:
A judge or clerk of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for
use in the case;
(3) Fees and disbursements for printing and witnesses;

(4) Fees for exemplification and the costs of making copies of any materials
where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this 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.
A bill of costs shall be filed in the case and, upon allowance, included in the
judgment or decree.
After a thorough review of the Affidavit of Costs (Doc. 38-1) and supporting
paperwork submitted by counsel, this Court finds the $400.00 Federal Court Filing Fee
is statutorily authorized and/or reasonable under the circumstances of the present case.
See Luka, 2011 WL 4837263 at *8 (stating clerk’s fees are costs “properly taxable
against Plaintiff.”).

However, the $136.50 Contracted Paralegal Services is not

enumerated in 28 U.S.C. §1920.
attorney’s fees.

That cost should be calculated as part of the

See Luka, 2011 WL 4837263 at *11 (Court separates paralegal

services under the award for reasonable attorney fees, not costs under 28 U.S.C. §
1920.). Therefore, the Court grants Defendant’s Motion as to the $400.00 Federal Filing
Fee and denies Defendant’s Motion as to the $136.50 Contracted Paralegal Services
fee and enters an Order taxing a portion of the costs set forth herein against Plaintiff in
a total amount of $400.00.
Accordingly, it is now
ORDERED:
(1) Defendant Lee County’s Motion to Tax Costs and Incorporated Memorandum
of Law (Doc. #38) is GRANTED in part and DENIED in part.
a. The Costs for the Federal Filing Fee in the amount of $400.00 is
GRANTED. Defendant is awarded costs in the amount of $400.00.
b. The Costs for Paralegal Services in the amount of $136.50 is DENIED.

(2) The Clerk is directed to amend the Judgment accordingly.
DONE and ORDERED in Fort Myers, Florida this 20th day of October, 2014.

Copies: All Parties of Record