CSX Transportation, Inc. v. Total Grain Marketing, LLC

Filing 85

ORDER granting in part, denying in part 54 Bill of Costs. The Court GRANTS IN PART and DENIES IN PART TGM's Bill of Costs (Doc. 54 ). The Court will reduce the $3,198.63 originally sought by TGM by the amount of the transcript fee ($756.50) and three hours of depositions ($390.00). CSX shall therefore compensate TGM in the amount of $2,052.13 on or before August 17, 2012. Signed by Magistrate Judge Stephen C. Williams on 8/3/2012. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
CSX TRANSPORTATION, INC.,
Plaintiff,
vs.
TOTAL GRAIN MARKETING, LLC,
Defendant.

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Case No. 11–cv–0171–WDS–SCW

ORDER
WILLIAMS, Magistrate Judge:
On March 27, 2012, the undersigned judge granted leave for Plaintiff CSX
Transportation, Inc. (CSX) to Amend its Complaint, on the condition that CSX pay reasonable costs
and fees to Defendant Total Grain Marketing, LLC (TGM) regarding the preparation for, and taking
the deposition of, CSX’s Rule 30(b)(6) deponent (Mr. Ferguson). (Doc. 48). TGM was directed to
submit its bill of costs for that deposition. It did so on April 5, 2012. CSX objected to the bill of
costs, and TGM replied to that objection April 24, 2012. For the following reasons, the undersigned
GRANTS IN PART and DENIES IN PART TGM’s bill of costs, and DIRECTS CSX, on or
before 8/31/2012, to reimburse TGM in the amount of $2,052.13.
The current dispute over the bill of costs stems from CSX’s production of a 1983
lease agreement between the two parties (who, in the instant case, are disputing the consequences of
a 2009 train wreck). CSX’s original Complaint relied on two theories: TGM’s alleged negligence and
indemnification under an agreement executed by CSX and TGM predecessors in 1972 (the 1972
Agreement).

Ostensibly, under the 1972 Agreement, TGM (for purposes of this case) need

indemnify CSX only if its negligence caused harm. CSX’s Amended Complaint, while it maintains

negligence claims against TGM, relies not on the 1972 Agreement but on an indemnification
provision found in the 1983 Agreement (which is, unsurprisingly, more favorable to CSX).
TGM’s bill of costs, as submitted, totaled $3,198.63. Included in that bill were a
transcript fee of $756.50, as well as a $390 assessment for three hours of deposition time. Those
costs, as TGM points out, are not duplicative and would have been incurred by TGM whether or
not the ’83 Agreement was disclosed at the beginning of the case. Ferguson (or another 30(b)(6)
deponent) would have been deposed regarding potential negligence as well as the scope of the
operative agreement between the parties. The totals will be deducted from TGM’s bill of costs
Insofar as CSX’s objection asks the Court to reconsider whether costs were
appropriate at all, the Court declines. Mr. Ferguson has already been re-deposed, and the cost of the
inefficiency of multiple depositions caused by CSX’s late-game disclosure of the 1983 agreement
should be borne by CSX.
For the foregoing reasons, the Court GRANTS IN PART and DENIES IN PART
TGM’s Bill of Costs (Doc. 54). The Court will reduce the $3,198.63 originally sought by TGM by
the amount of the transcript fee ($756.50) and three hours of depositions ($390.00). Therefore,
CSX SHALL compensate TGM in the amount of $2,052.13 on or before August 17, 2012.
IT IS SO ORDERED.
DATE: August 3, 2012

/s/ Stephen C. Williams
STEPHEN C. WILLIAMS
United States Magistrate Judge