Margaret Wagner v. Baystate Health Inc

Filing 131

Judge Michael A. Ponsor: ENDORSED ORDER entered granting in part Dft's 115 Motion for Taxation of Costs. ALLOWED, in part. The costs for the Garvin and Blaney depositions ($50.35 and $349.35) have been deducted since they were never used and the subpoena costs for Moccio (91.49) have also been deducted, since she was never called. Total costs of $4054.76 are hereby awarded. So ordered. (Lindsay, Maurice)

Case 3:12-cv-30146-MAP Document 115 Filed 02/26/14 Page 1 of 47

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS

MARGARET WAGNER,

CIVIL ACTION NO.

12~cv-30146-MAP

Plaintiff,
vs.

BAYSTATE HEALTH, INC.,
Defendant.

DE]t~ENDANT'S

MOTION FOR TAXATION OF COSTS

Pursuant to Fed. R. Civ. P. S4(d) and 28 U.S.C. § 1920, the Defendant, Baystate
Health Inc. respectfully requests that it be awarded costs in the amount of four thousand five
hundred forty five dollars and ninety five cents ($4.545.95) in the above-captioned action.
Judgment entered in Defendant's favor on February 20. 2014. The Affidavit of Amelia J.
Holstrom, Defendant's counsel, is filed herewith and itemizes the costs incurred that are
recoverable by the prevailing Defendant under Fed. R. Civ. P. S4(d) and 28 U.S.C. §1920. See

Affidavit Attached as Exhibit 1.
Fed. R. Civ. P. S4(d) provides in relevant part: "Unless a federal statute, these rules,
or a court order provides otherwise, costs--other than attorney's fees--should be allowed to the
prevailing party. n "Congress has enumerated the type of expenses that a federal court' may tax
as costs'" in 28 U.S.C. § 1920. In re Two Appeals Arising out ofSan Juan Dupont Plaza Hotel