Walker v. State Farm Insurance Company

Filing 46

ORDER granting 45 defendant's Motion to review the Clerk's action on taxed Bill of Costs. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CHARLES WALKER,
Plaintiff,
Case No. 16-10355
HON. GEORGE CARAM STEEH

vs.

STATE FARM INSURANCE COMPANY,
Defendant.
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ORDER GRANTING DEFENDANT’S MOTION TO REVIEW THE CLERK’S
ACTION ON TAXED BILL OF COSTS (DOC. 45)
Plaintiff Charles Walker brought an action against defendant State
Farm Insurance Company, alleging that it breached the parties’ insurance
contract by failing to reimburse plaintiff for damages to his home. A jury
trial was held from June 20, 2017 to June 22, 2017. The jury found no
cause of action against defendant. (Doc. 39). Thereafter, defendant filed a
bill of costs. (Doc. 43). The Clerk of Court issued a Taxed Bills of Costs
granting some, but not all, of defendant’s requests. (Doc. 44). This matter
is presently before the Court on defendant’s Motion to Review the Clerk’s
Action on the Taxed Bill of Costs. (Doc. 45).
Defendant’s bill of costs included the following:

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 $400.00 in clerk fees,
 $333.00 in service fees,
 $797.79 in court reporter fees for the depositions of Charles Walker
and Norman Larkins,
 $200.14 in witness fees, and
 $20.00 in docket fees.
(Doc. 43 at PageID 703).
The Clerk of Court granted defendant’s request in full for the clerk
and docket fees, and in part for the service and witness fees. (Doc. 44 at
PageID 711). The Clerk of Court denied the court reporter fees because
defendant’s bill of costs failed to document how the deposition transcripts
were used at trial. (Doc. 44 at PageID 711-12). Section II(C) of the Court’s
Bill of Costs Handbook states that, in order to obtain costs for transcripts
obtained for use in the case, counsel must provide the date that a transcript
was read into the record at trial. Defendant now provides this information.
The deposition of Norman Larkins was read into the record on June 20,
2017. The deposition of Charles Walker was read into the record on June
21, 2017. As such, the Court shall GRANT defendant’s request that an
additional $797.79 be taxed for court reporter fees.

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The Court awards defendant $1,678.31 in costs.
IT IS SO ORDERED.
Dated: August 3, 2017
S/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 3, 2017, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

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