Marom v. Town of Greenburgh et al
MEMORANDUM AND ORDER re: 164 MOTION FOR DISALLOWANCE. filed by Michael Marom. Here, considering the arguments set forth by the parties, costs will be allowed. Plaintiff's case was not frivolous, but he ultimately did not prevail. Alth ough the Court did not need to rely on much more than the videotape of the events at issue to understand how the events unfolded, the deposition transcripts were submitted in conjunction with the Defendants' successful motion for summary judgm ent. Defendants also make a strong showing that Plaintiff is not truly indigent or necessarily deserving of informa pauperis status. As such the balance of the equities leads the Court to the conclusion that the costs are appropriately taxed again st Plaintiff. Nevertheless, in exercising the Court's equitable power, the costs requested will be reduced by half. Cf DiBella v. Hopkins, 407 F. Supp. 2d 537, 541 (S.D.N.Y. 2005) (costs for deposition used at trial allowed where witness &quo t;played a role generally in the events that led to the dispute, and his testimony provided some useful background"). The Clerk of the Court is respectfully directed to enter a judgment of costs against Plaintiff in favor of Defendants in the amount of $1,298.06 and to terminate the motion at ECF No. 164. (Signed by Judge Nelson Stephen Roman on 5/10/2017) (rj)
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