Flournoy v. CML-GA WB, LLC et al

Filing 95

ORDER granting in part and denying in part 86 Amended Document (Bill of Costs) filed by CML-GA WB, LLC, Rialto Capital Advisors, LLC. and REX Property and Land, LLC's and Paul King's bill of costs is granted. The Clerk is ORDERED to tax costs in the following amounts: (1) $4,503.42 against Plaintiff and in favor of CML-GA, LLC and Rialto Capital Advisors, LLC; and (2) $3,197.83 against Plaintiff and in favor of REX Property and Land, LLC and Paul King. Signed by Chief Judge J. Randal Hall on 5/17/17. (cmr)

IN THE UNITED

FOR THE

STATES DISTRICT

COURT

SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

PATRICIA C.

FLOURNOY,

*
*

Plaintiff,

*

v.

*

CML-GA WB, LLC; RIALTO
CAPITAL ADVISORS, LLC; REX

PROPERTY AND LAND,
PAUL GREGORY KING,

LLC;

CV

114-161

*
*
*
*

and

Defendants.

*

ORDER

As
costs

prevailing
under

Plaintiff
Paul

because

LLC's

not

Defendants")
IN

of

of

to

costs,

raises

Rialto

Defendants

Rule

object

bill

Plaintiff

and

DENIED

Federal

does

King's

parties,

Civil

REX

bill of costs,

this

Procedure

case

their

request

is

objections

Advisors!

LLC's

move

54.

LLC's

GRANTED.
to

for

Because

Property and Land,

meritorious

Capital

in

But

CML-GA

(the

and

WB,

"Rialto

their request is GRANTED IN PART AND

PART.

I.

Background

The Court granted summary judgment in this case in December

2015.

(Doc.

62.)

2016.

(Doc.

65.)

Plaintiff appealed! that ruling in January
Around the same time,

Defendants moved the

Court

to

requests

83.)
of
for

tax

costs,

until

The

the

but

the

Court

Eleventh Circuit

Eleventh Circuit

summary judgment,

has

deferred
issued its

ruling

decision.

now affirmed this

and Defendants

have

on

those
(Doc.

Court's

grant

renewed their requests

costs.

II.

Under

certain

Rule

costs.

54(d),

But

Discussion

prevailing

the

parties

Court's

are

authority

to

entitled

tax

costs

to

is

statutorily limited to
(1)

[f]ees

of the

clerk and marshal;

(2)

[f]ees

for

printed
or
electronically
recorded
transcripts
necessarily obtained for use in the case; (3) [f]ees
and disbursements for printing and witnesses;
(4)
[f]ees for exemplification and the costs of making
copies
of
any
materials
where
the
copies
are
necessarily
obtained
for
use
in
the
case;
(5)
[d]ocket fees under [28 U.S.C. § 1923];
[and]
(6)
[c]ompensation
of
court
appointed
experts,
compensation of interpreters,
and salaries,
fees,
expenses,
and
costs
of
special
interpretation
services under
28

U.S.C.

§

[28 U.S.C.

1920.

A. The Rialto Defendants'

The

costs:

Rialto

(1)

§ 1828].

Defendants

$259.16

fees;

(3)

fees;

and

$2,103.20

(Doc.

86-1.)

(5)

Costs

in

ask

clerk

in

the

Court

fees;

printing

(2)

fees;

to

award

$4,142.79

(4)

$8,151.87

in

$101.47

in

transcript

in

witness

$1,545.25 in fees paid to a private investigator.

Plaintiff

objects

to

the

$2,103.20

in

fees and the $1,545.25 paid to the private investigator.

printing

a. Private-Investigator Fees

Plaintiff

argues

that

private-investigator

fees

are

not

recoverable as costs because they are not listed in § 1920.
North

v.

3461932,
have

Mayo

at

held

*3

Dev.,

(M.D.

that

taxable as

this

Grp.

LLC,

Fla.

[fees

point

(doc.

89

3: ll-cv-444-J-32 JBT,

July 9, 2013)

paid

costs under §

No.

to

at

1),

investigators]

The Rialto

Defendants

the

and

2013

WL

("This Court and others

private

1920.").

See

thus

Court

are

not

concede

DENIES

their

request for this cost.
b. Copying Costs

Plaintiff

are

not

permitted to recover the $2,103.20 in printing fees because

(1)

these

costs

next

are

Defendants must

these

that

actually

costs

Rialto

costs

Defendants

that

(2)

the

"necessarily obtained for use

§ 1920(4).
are

the

copying

show were

case," 28 U.S.C.
that

argues

Rialto
in

the

Because the Rialto Defendants admit

better

classified

as

copying

costs,

the

Court focuses on Plaintiff's second argument.

When a prevailing party seeks costs for copies,
"has

the

burden

of

showing

that

obtained for use in the case."

Cas.

Co.,

26, 2016)
And

No.

5:14-CV-38,

copies

Sheffield v.

2016 WL 5415015,

(citation omitted)

" [unsubstantiated

the

were

that party
necessarily

State Farm Fire and

at *4

(S.D. Ga.

Sept.

(internal quotation marks omitted).

claims

that

particular

documents

were

necessary - or that the copies all fit into the broad universe

of what is taxable - are insufficient."

Id.

(internal

Indeed,

quotation

marks

seeking to recover these
necessary

and

provided

party."

Grady

479

Ga.

(N.D.

Here,

v.

But

costs must
either

Bunzi

to

party

show that the copies
the

Packaging

"[t]he

court

Supply

or

Co.,

the

161

were

opposing

F.R.D.

477,

1995).

the Rialto Defendants have provided redacted invoices

showing that they did,
1.)

omitted).

(citation omitted)

they

necessary.

do

not

in

fact,

attempt

Accordingly,

incur copying costs.
to

explain

why

these

(See
costs

89were

the Court DENIES the Rialto Defendants'

request for these costs.
c. Other

Costs

As noted,

clerk fees,
witness

the Rialto Defendants also request

(2)

$4,142.79 in transcript fees,

fees.

Because

Plaintiff

GRANTS the Rialto Defendants'

does

not

and

(1)

$259.16 in

(3)

$101.47 in

object,

the

Court

request for these costs.

B. REX Property and Land, LLC's and Paul King's Costs

Defendants REX Property and Land,

$3,197.83 in transcript costs.

does not object,

LLC and Paul King request

(Doc. 87-1.)

Because Plaintiff

the Court GRANTS these Defendants'

request for

costs.

Ill.

Conclusion

In sum, CML-GA WB, LLC's and Rialto Capital Advisors,
bill

of costs

(doc.

86)

is

GRANTED

IN PART AND DENIED

LLC's

IN PART,

and REX Property and Land,

LLC's and Paul King's bill of costs

is GRANTED.

The Clerk is ORDERED to tax costs in the following

amounts:

$4,503.42 against Plaintiff and in favor of CML-GA,

(1)

LLC and Rialto Capital Advisors,
Plaintiff

and in

favor

of

REX

LLC;

and

(2)

$3,197.83 against

Property and Land,

LLC

and

Paul

of

May,

King.
ORDER

ENTERED

at

Augusta,

Georgia

is

thi

/7^

day

2017

J. RPMmL HALL,
UNITED/STATES

CHIEF JUDGE

DISTRICT

COURT

)UTHe4n DISTRICT OF GEORGIA