Smith et al v. Toyota Motor Corporation et al

Filing 193

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiff must pay $24,500.80 to Defendant pursuant to Rule 54(d) of the Federal Rules of Civil Procedure based on the findings in this order and this Court's July 20, 2018, order. Signed by District Judge E. Richard Webber on August 1, 2018. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KRISTIN MARIE SMITH
Plaintiff,
vs.
TOYOTA MOTOR CORPORATION
Defendant.

)
)
)
)
)
)
)
)
)

Case No. 2:16CV24 ERW

MEMORANDUM AND ORDER
This matter comes before the Court on Defendant Toyota Motor Corporation’s Bill of
Costs [172]. On July 20, 2018, this Court issued an order [188] that granted in part and denied in
part Defendant’s Bill of Costs [172]. As a result of that order, Defendant’s Bill of Costs was
reduced to $28,013.04. However, this Court did not make a final ruling on Defendant’s Bill of
Costs, and Defendant was ordered to produce sufficiently detailed invoices or other evidence
reflecting the taxable printing and copying charges and expenses for the depositions of two
witnesses, Mike Klima and Steven Meyer. In response, Defendant submitted a Supplement in
Support of its Bill of Costs on July 27, 2018 [192]. This Court finds Defendant has adequately
addressed this Court’s concerns related to Plaintiff’s two pending objections to Defendant’s Bill
of Costs.
First, with respect to the insufficiently detailed invoices for the depositions of Mr. Klima
and Mr. Meyer, Defendant has attached itemized invoices adequately depicting both the
recoverable and unrecoverable charges. As Defendant admits, these invoices show $71.61 in
unrecoverable charges, and thus Defendant’s Bill of Costs will be reduced accordingly.

1

Second, with respect to the printing and copying charges, Defendant attaches a
Declaration of Attorney Craig Dupen, whereby Mr. Dupen attests the invoices attached as
Exhibits 26 through 28 to Defendant’s Reply in Support of its Bill of Costs [179] reflect charges
incurred in printing oversized engineering drawings for use as exhibits during the depositions of
two Toyota engineers. He also attests the invoice attached as Exhibit 29 reflects charges incurred
in printing Defendant’s final trial exhibits. This Court agrees these charges are taxable, and thus
it will overrule Plaintiff’s objection to these particular costs. However, as Defendant suggests, it
will reduce Defendant’s Bill of Costs by the remaining $3,440.63, the amount for
printing/copying charges insufficiently detailed.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff must pay $24,500.80 to Defendant pursuant
to Rule 54(d) of the Federal Rules of Civil Procedure based on the findings in this order and this
Court’s July 20, 2018, order.
So ordered this 1st Day of August, 2018.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

2