Alfaro v. City of Hialeah et al

Filing 98

ORDER granting 96 Motion for Bill of Costs filed by Defendant City of Hialeah. Signed by Ch. Magistrate Judge Andrea M. Simonton on 12/28/2018. See attached document for full details. (AMS)

IN THE UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA
CASE NO. 16-25156-CIV-WILLIAMS/SIMONTON
LOURDES LIANET ALFARO,
Plaintiff,
v.
CITY OF HIALEAH,
et al.,
Defendant.
/
ORDER GRANTING DEFENDANT’S MOTION FOR COSTS 1
Presently pending before the Court is Defendant’s Bill of Costs, ECF No. [96], and
Defendant’s Memorandum in Support of Bill of Costs, ECF No. [97]. The Honorable
Kathleen M. Williams, United States District Judge, has referred all motions for costs to
the undersigned Magistrate Judge, ECF No. [18] at ¶ III. Although the Memorandum
states that the Plaintiff opposes this motion, no response in opposition has been filed
and the deadline for filing a response has passed.
The Plaintiff brought this action against the Defendant for violating her rights
under the Title VII of the Civil Rights Act of 1964, as well as breach of contract. The
Court granted the Defendant’s Motion for Summary Judgment, and a Final Judgment in
favor of Defendant City of Hialeah was entered on September 18, 2018, ECF No. [95]. The

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To the extent that the parties contend that this motion should be resolved in a Report
and Recommendation rather than an Order, and the District Judge agrees, the
undersigned intends that it be treated as such. In that case, the parties will have
fourteen calendar days from the date of this Report and Recommendation within which
to file written objections for consideration by the United States District Judge to whom
this case is assigned. Any request for an extension of this deadline must be made within
seven calendar days from the date of this Order. Pursuant to Eleventh Circuit Rule 3-1,
and accompanying Internal Operating Procedure 3, the parties are hereby notified that
failure to object in accordance with 28 U.S.C. § 636(b)(1) waives the right to challenge on
appeal the district court’s order based on unobjected-to factual and legal conclusions.

Defendant is therefore a prevailing party, and is entitled to recover costs pursuant to
Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920.
Based upon the failure of the Plaintiff to respond to the Bill of Costs (which was
docketed as a Motion for Costs), and accompanying Memorandum, the Motion could be
granted by default pursuant to Local Rule 7.1(c). In addition, a review of the Bill of Costs
establishes that it should be granted on the merits. In its Bill of Costs, the Plaintiff seeks
reimbursement only for the costs of depositions that were used in connection with its
Motion for Summary Judgment, which total $1,944.80. Those costs have been limited to
the court reporter fee, the costs incurred in obtaining a copy of the deposition
transcripts, and the exhibits attached to the transcripts; other items included in the
invoice, which are not taxable, have been excluded.
Therefore, it is hereby
ORDERED AND ADJUDGED that Defendant City of Hialeah’s Motion for Costs,
ECF No. [96], is GRANTED. Defendant City of Hialeah is awarded costs in the amount of
$1,944.80 against Plaintiff Lourdes Lianet Alfaro.
DONE AND ORDERED in chambers in Miami, Florida, this 28th day of December,
2018.

_________________________________________
ANDREA M. SIMONTON
CHIEF UNITED STATES MAGISTRATE JUDGE

Copies provided via CM/ECF to:
Counsel of Record

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