Federal Insurance Company v. Great American Insurance Company et al
Filing
129
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Federal Insurance Companys Bills of Costs, [Doc. No. 102 and 120] are approved in the amount of $2,230.39. IT IS FURTHER ORDERED that Zurichs Bills of Costs, [Doc. 101 and 103], are approved , less $$1,623.90 for a total allowed amount of $814.50.IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs in favor of Plaintiff Federal Insurance Company and against Defendants in the amount of $2,230.39. IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs in favor of Plaintiff Zurich and against Defendants in the amount of $814.50. 103 101 102 120 Signed by District Judge Henry Edward Autrey on 6/29/17. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
FEDERAL INSURANCE COMPANY, et al., )
)
Plaintiffs,
)
)
vs.
)
)
GREAT AMERICAN INSURANCE, et al.,
)
)
Defendants.
)
Case No. 4:14CV1730 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff Federal Insurance Company’s =
Bills of Costs, [Doc. No.=s 102 and 120] and Plaintiff Zurich American Insurance
Company’s Bill of Costs and Amended Bill of Costs, [Doc. No.’s 101 and 103,
respectively]. Great American Insurance Company objects to the Bills of Costs.
For the reasons set forth below, the Bills of Costs are granted, as modified herein.
Federal Rule of Civil Procedure 54(d)(1) states that, A[u]nless a federal
statute, these rules, or a court order provides otherwise, costs-other than attorney=s
fees-should be allowed to the prevailing party.@ Fed.R.Civ.P. 54(d)(1). ARule 54
represents a codification of the presumption that the prevailing party is entitled to
costs.@ Martin v. DaimlerChrysler Corp., 251 F.3d 691, 696 (8th Cir.2001)
(quotations omitted); see also Ex Parte Peterson, 253 U.S. 300, 315-17 (1920)
(discussing common law of costs). In other words, A[t]he losing party bears the
burden of overcoming the presumption that the prevailing party is entitled to
costs....@ 168th & Dodge, L.P. v. Rave Reviews Cinemas, LLC, 501 F.3d 945, 958
(8th Cir.2007). Despite the presumption, exactly which costs will be awarded is a
matter left to the discretion of the district court. Poe v. John Deere Co., 695 F.2d
1103, 1108-09 (8th Cir.1982). However, Athe district court must provide a rationale
for denying the prevailing party=s claim for costs.@ Thompson v. Wal-Mart Stores,
Inc., 472 F.3d 515, 517 (8th Cir.2006).
Title 28, United States Code, Section 1920 expressly identifies the expenses a
court may tax as costs against a losing party. Crawford Fitting Co. v. J.T. Gibbons,
Inc., 482 U.S. 437, 440 (1987). In relevant part, it provides:
A judge ... of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshal;
(2) Fees of the court reporter for all or any part of the stenographic
transcript necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and copies of papers necessarily obtained
for use in the case;
(5) Docket fees under [' ] 1923 of this title;
(6) Compensation of court appointed experts....
28 U.S.C. ' 1920.
Fees of the clerk
Federal has requested $400.00 for clerk fees. This will be allowed.
Zurich has requested $118.00 as fees of the clerk. Defendant Great
2
American has objected to this request in that Zurich was originally a defendant in
this case. Zurich has not produced any documentation of the basis for this request.
The Court agrees that since Zurich was originally a defendant, it should not have
incurred any filing fee from the clerk. The objection is sustained. The Court will
entertain a motion to reconsider this ruling if supported by appropriate
documentation.
Fees for service of summons and subpoena
Federal’s request for $129.00 is allowed.
Fees for printed or electronically recorded transcripts necessarily obtained for
use in the case
Federal’s request for $677.40 is allowed; Great American’s objection is
overruled.
Zurich has requested $1,906.50 for printed or electronically recorded
transcripts. Great American’s objection regarding the inclusion of mediation fees
is well taken. Zurich has provided no authority for the inclusion of mediation costs
in “recorded transcripts obtained for use in the case.” As such, $1,505.90 will be
disallowed; $400.60 is allowed.
Fees and disbursements for printing
Federal requests $1,023.99. Great American has objected because it appears
to it that this request is for copying Federal’s own documents. Federal responds
that copying was necessary because of discovery requests. The objection is
overruled. Federal’s request is allowed.
3
Likewise, Great American’s objection to Zurich’s request for $413.90 for
printing is overruled, and the request is allowed.
Accordingly,
IT IS HEREBY ORDERED that Federal Insurance Company’s Bills of
Costs, [Doc. No. 102 and 120] are approved in the amount of $2,230.39.
IT IS FURTHER ORDERED that Zurich’s Bills of Costs, [Doc. 101 and
103], are approved, less $$1,623.90 for a total allowed amount of $814.50.
IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs in
favor of Plaintiff Federal Insurance Company and against Defendants in the amount
of $2,230.39.
IT IS FURTHER ORDERED that the Clerk of the Court shall tax costs in
favor of Plaintiff Zurich and against Defendants in the amount of $814.50.
Dated this 29th day of June, 2017.
_______________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?