Zayed v. Associated Bank, N.A.

Filing 295

ORDER denying 293 Motion for Review of Taxation of Costs. (Written Opinion) Signed by Senior Judge David S. Doty on 8/1/2017. (DLO)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Civil No. 13-232(DSD/SER)
R.J. Zayed, In His Capacity
as Court-Appointed Receiver for
Oxford Global Partners, LLC,
Universal Brokerage FX, and
Other Receiver Entities,
Plaintiff,
v.

ORDER

Associated Bank, N.A.,
Defendant.
This matter is before the court upon the motion for review of
taxation of costs by plaintiff R.J. Zayed, in his capacity as
court-appointed receiver.

Based on a review of the file, record,

and proceedings herein, and for the following reasons, the court
denies the motion.
On January 31, 2017, the court granted defendant Associated
Bank, N.A.’s motion for summary judgment.

On May 4, 2016, the

clerk of court taxed $23,068.50 in favor of Associated Bank, which
included $22,532.50 in transcript fees.

ECF No. 292.

Zayed now

moves for review of the cost judgment, arguing that the clerk
erroneously included non-taxable costs relating to transcripts.
The court has “substantial discretion” in awarding costs to a
prevailing party under 28 U.S.C. § 1920 and Federal Rule of Civil
Procedure 54(d).

Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 363

(8th Cir. 1997).

Unless a federal statute, rules, or court order

provides otherwise, “costs - other than attorney’s fees - should be

allowed to the prevailing party.”

Fed. R. Civ. P. 54(d)(1).

Plaintiffs have the burden to show that the cost judgment “is
inequitable under the circumstances.”

Concord Boat Corp. v.

Brunswick Corp., 309 F.3d 494, 498 (8th Cir. 2002).
Although Zayed argues that the clerk erroneously included
costs such as lunch and delivery costs, the record indicates
otherwise.

In reviewing the bill of costs submitted by Associated

Bank, ECF No. 278, the court finds that the clerk correctly taxed
Zayed

for

the

cost

of

certified

transcripts,

court

reporter/videographer appearance fees, and exhibits, which totaled
$22,535.50.1
included

See id. Ex. C.

delivery

fees,

There is no indication that the clerk
lunch,

or

other

non-taxable

items.

Although costs, such as delivery fees, were included on the
itemized receipts submitted by Associated Bank, the clerk did not
include these costs in calculating taxable costs. Indeed, if these
costs

were

included,

the

amount

awarded

would

have

been

significantly higher.
Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for
review of taxation of costs [ECF No. 293] is denied.
Dated: August 1, 2017
s/David S. Doty
David S. Doty, Judge
United States District Court

1

Zayed does not challenge the propriety of these costs.
2