McKelvey v. United States Army, Secretary of

Filing 131

ORDER Taxing Costs. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JAMES N. McKELVEY,
Plaintiff,
Case No. 07-14538
v.
Hon. John Corbett O’Meara
PETE GEREN, Secretary
of the United States Army,
Defendant.
______________________________/

ORDER TAXING COSTS
Pursuant to this court’s order dated February 26, 2013, Plaintiff submitted a bill of costs
on April 30, 2013. Costs are taxed pursuant to Fed. R. Civ. P. 54(d) and 28 U.S.C. § 1920. In
reviewing a request for taxation of costs, the court must determine “first . . . whether the
expenses are allowable cost items and then . . . whether the amounts are reasonable and
necessary.” Jefferson v. Jefferson County Pub. Sch. Sys., 360 F.3d 583, 591 (6th Cir. 2004). The
prevailing party has the burden of establishing that the expenses it seeks to have taxed as costs
“are authorized by applicable federal law, including proof of necessity and reasonableness under
28 U.S.C. § 1920.” Berryman v. Hofbauer, 161 F.R.D. 341, 344 (E.D. Mich. 1995).
Plaintiff seeks $38,931.04 in costs, including $32,233.34 in expert witness fees.
However, expert witness fees in excess of the statutory witness fee are not taxable. See, e.g.,
Kalitta Air LLC v. United Air Lines, Inc., 2012 WL 4479133 (E.D. Mich. Sept. 28, 2012). The
court finds Plaintiff’s remaining costs to be properly supported. Therefore, the court taxes costs

in the amount of $6,697.70.
SO ORDERED.

s/John Corbett O'Meara
United States District Judge
Date: July 3, 2013

I hereby certify that a copy of the foregoing document was served upon counsel of record
on this date, July 3, 2013, using the ECF system.

s/William Barkholz
Case Manager

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