Leo et al v. Jeld-Wen, Inc.

Filing 111

ORDER: Plaintiffs' 99 MOTION for Review is DENIED WITHOUT PREJUDICE. FURTHER ORDERED that Plaintiffs amend their Bill of Costs with a separate memorandum or affidavit in compliance with local and federal rules by 3/3/2020. Signed by Judge Brian A. Jackson on 2/18/2020. (SWE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

RONALD LEO, ET AL. CIVIL ACTION

VERSUS
JELD-WEN, INC. NO.: 16-00605-BAJ-EWD

ORDER
Before the Court is Plaintiffs' Motion for Review (Doc. 99). Plaintiffs
request that the Court review the Clerk of Court s denial of their unopposed Bill of
Costs and order the Clerk to tax the costs listed, or in the alternative, allow them to
file an amended bill of costs. Plaintiffs filed their Bill of Costs (Doc. 80) on December
6, 2018. The Clerk of Court, in its order on the Taxation of Costs (Doc. 95), denied
Plaintiffs' Bill of Costs because it did not comply with Local Rule 54(c).
Local Rule 54(c) provides that "within 30 days after receiving notice of entry of
judgment, unless otherwise ordered by the Court, the party in whose favor judgment
\

is rendered and who claims and is allowed costs, shall serve on the attorney for the

adverse party and file with the Clerk of Court a notice of application to have the costs
taxed, together with a memorandum signed by the attorney of record stating that the
items are correct and that the costs have been necessarily incurred. The Clerk of

Court denied the taxation of costs because Plaintiffs failed to provide a signed
memorandum stating that the costs are correct and properly incurred that is signed

by the attorney of record as required by Rule 54(c), as well as 28 U.S.C. § 1924.1 A
signature in the declaration section of tlie Bill of Costs form does not suffice.
Plaintiffs must amend their Bill of Costs to include the required memorandum.
Further, Plaintiffs did not attach copies of receipts detailing each cost that was
incurred. The sum of the receipts must match the total amount of fees claimed on

Plaintiffs' Bill of Costs form.
Accordingly,

IT IS ORDERED that Plaintiffs' Motion for Review (Doc. 99) is DENIED

WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that Plaintiffs amend their Bill of Costs with a
separate memorandum or affidavit in compliance with the local and federal rules and

provide receipts of the costs within 14 days of this Order.

1^

Baton Rouge, Louisiana, this ' o—^ Jay of February, 2020.

(^

JUDGE BRIAN^_JACKSON

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

1 28 U.S.C. § 1924 requires the party claiming any item of cost to attach an affidavit stating that the
item is correct and has been necessarily incurred in the case, and that the services for which fees have
been charged were actually and necessarily performed.