Gitten et al v. The School Board of Lee County, Florida

Filing 116

ORDERED: The Report and Recommendation (Doc. 115) is ACCEPTED and ADOPTED in part. Defendant's Motion to Tax Costs (Doc. 114) is GRANTED in part and DENIED in part. Defendant is awarded $1,875.60 in costs. The Clerk is DIRECTED to amend the judgment to include a cost award in favor of The School Board of Lee County, Florida against Plaintiff Preston Towns in the amount of $1,875.60. Signed by Judge Sheri Polster Chappell on 8/9/2019. (AEH)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
PRESTON TOWNS, an individual and
on behalf of all similarly situated
individuals
Plaintiff,
v.

Case No.: 2:16-cv-412-FtM-38MRM

THE SCHOOL BOARD OF LEE
COUNTY, FLORIDA,
Defendant.
/
ORDER1
Before the Court is United States Magistrate Judge Mac R. McCoy’s Report and
Recommendation (“R&R”) (Doc. 115), recommending that Defendant’s Motion to Tax
Costs (Doc. 114) be granted. No party has objected to the R&R, and the period to do so
has elapsed. This matter is ripe for review.
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify the magistrate judge’s
report and recommendation. 28 U.S.C. § 636(b)(1); Williams v. Wainwright, 681 F.2d 732
(11th Cir. 1982). In the absence of specific objections, there is no requirement that a

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district judge review factual findings de novo, and the court may accept, reject or modify
the findings in whole or in part. 28 U.S.C. § 636(b)(1); Garvey v. Vaughn, 993 F.2d 776,
779 n.9 (11th Cir. 1993). The district judge reviews legal conclusions de novo, even in
the absence of an objection. Cooper-Houston v. Southern Ry. Co., 37 F.3d 603, 604
(11th Cir. 1994).
Here, the School Board of Lee County seeks to recover $1,875.60 for deposition
costs and $731.18 in mediation costs. The Supreme Court recently reiterated that absent
express authority from Congress, “courts may not award litigation expenses that are not
specified in [28 U.S.C.] §§ 1821 and 1920.” Rimini Street, Inc. v. Oracle USA, Inc., 139
S. Ct. 873, 877 (2019). As Judge McCoy found, deposition costs are taxable under §
1920, but deposition costs are not. In deference to the Court’s Case Management and
Scheduling Order (CMSO), which states that “[u]pon motion of the prevailing party, the
party’s share may be taxed as costs in this action,” Judge McCoy recommends that the
School Board recover its mediation costs. But the Court finds that its CMSO must give
way to the Supreme Court’s clear directive. So the Court will not award the School Board
mediation costs.
Accordingly, it is now
ORDERED:
(1) The Report and Recommendation (Doc. 115) is ACCEPTED and ADOPTED
in part.
(2) Defendant’s Motion to Tax Costs (Doc. 114) is GRANTED in part and DENIED
in part. Defendant is awarded $1,875.60 in costs.

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(3) The Clerk is DIRECTED to amend the judgment to include a cost award in favor
of The School Board of Lee County, Florida against Plaintiff Preston Towns in
the amount of $1,875.60.
DONE and ORDERED in Fort Myers, Florida this 8th day of August, 2019.

Copies: All Parties of Record

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