Fulmore et al v. United Parcel Service, Inc. et al

Filing 76

ORDER granting in part and denying in part 75 Motion for Bill of Costs. Within fourteen days of this order, defendant may resubmit its application with supporting documentation for the court reporter and the original transcript fees for the depositions of Kevin Kidd and Lester Grant (Volume II). Counsel is reminded to read the order in its entirety for detailed information. Signed by Julie A. Richards, Clerk of Court on 11/7/2013. (Edwards, S.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION

NICHELLE FULMORE, H. RONALD
REVELS III, and RONALD C. JONES,
Plaintiffs,
v.
UNITED PARCEL SERVICE, INC.,
Defendant.

NICHELE FULMORE, H. RONALD
REVELS III, and RONALD C. JONES
Plaintiffs,
v.
UNITED PARCEL SERVICE, INC.,
Defendant.

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No. 7:11-CV-18-F

No. 7:11-CV-91-F

On March 28, 2013, the court entered an order [D.E. 73] granting defendant United Parcel
Service, Inc.'s ("defendant") motions for summary judgment [D.E. 35; D.E. 37; D.E. 39] on the
issues of plaintiffs Nichelle Fulmore, Ronald C. Jones and Ronald Revels III's ("plaintiffs") claim
for discrimination, racial harassment, and retaliation.
On April9, 2013, defendant filed an application for costs [D.E. 75] seeking reimbursement
for costs in the amount $8,531.66. Plaintiffs failed to file a response in opposition to defendant's
Bill of Costs and the matter is ripe for ruling. Pursuant to Rule 54( d)( 1) of the Federal Rules of /Civil
Procedure and Local Civil Rule 54.1, defendant is entitled to recover certain costs as the prevailing
party in this action.
First, defendant seeks $350.00 in filing fees for the cost of removing this action from the

Superior Court of Robeson County [D.E. 1]. Under 28 U.S. C.§ 1920(1), the Clerk of Court may tax
fees of the clerk. Therefore, defendant's request for costs in the amount of $350.00 for filing fees
is allowed.
Next, defendant seeks costs in the amount of $8,004.45 for deposition transcripts. A
prevailing party may recover fees for printed or electronically recorded transcripts necessarily
obtained for use in the case. See 28 U.S.C. § 1920(2). Defendant asserts that the costs of the
depositions of Lester Grant, Fernando Pena, Ronald Jones, Ronald Revels III, Nichelle Fulmore
Howell, and Kevin Kidd are correct and were necessarily incurred in this action, and that services
for which fees have been charged were actually and necessarily performed [D.E. 75]. See Bill of
Costs. In support of their request, defendant submitted court reporter invoices for the depositions.
Plaintiffs did not challenge the necessity or reasonableness of the tendered costs.
Local Civil Rule 54.1 (c)(1 )(a) specifies that taxable costs incident to the taking of depositions
normally include only the court reporter's fee and the fee for the original transcript of the deposition.
With regard to Lester Grant's deposition taken on June 26, 2012, defendant requests costs of$144.00
[D.E. 75]. Under Local Civil Rule 54.1(c)(1)(a), the costs in the amount of$13.80 for exhibit copies
and $7.00 for shipping and handling are not taxable and are disallowed. The remaining fee of
$123.20 is allowed. Defendant requests costs in the amount of$462.50 for the deposition transcripts
ofLester Grant and Fernando Pena taken on December 2, 2011 [D.E. 75]. The fees in the amount
of$25.80 for exhibit copies and $11.00 for shipping and handling are disallowed. The remaining
fee of $425.70 is allowed. Defendant requests costs of $2,408.60 for the deposition transcript of
Ronald Jones [D.E. 75]. The fees in the amount of $13.50 for exhibit copies, $1,017.90 for an
expedited transcript, and $5.00 for shipping are disallowed. The remaining fee of $1,372.20 is
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allowed. Defendant requests costs in the amount of $922.40 for the deposition transcript of Ronald
Revels III [D.E. 75]. The fees in the amount of$13.20 for exhibit copies, $15.00 for an e-transcript
and $5.00 for shipping are disallowed. The remaining fee of $889.20 is allowed. Defendant
submitted two invoices totaling $2,495.05 for the deposition ofNichelle Fulmore Howell [D.E. 75].
The fees in the amount of $27.15 for exhibit copies, $15.00 for an e-transcript and $10.00 for
shipping are disallowed. The remaining fee totaling $2,442.90 is allowed. Finally, defendant
submitted an invoice from Trans/Stat Reporting in the amount of $1,571.90 for the expedited
depositions of Kevin Kidd and Lester Grant (Volume II), including two attorney transcripts, etranscript, two compressed transcripts and two indexes. The invoice also included exhibit fees in the
amount of$1.50 and post and handling fees in the amount of$20.00. The exhibit and handling fees
are disallowed under Local Civil Rule 54.1 (c)( 1)( 1). As for the remainder of the fees associated with
Mr. Kidd's and Mr. Grant's depositions, the undersigned is unable to determine from the invoice
submitted the allowable costs. Thus, the remaining fee of $1,550.40 is denied without prejudice.
Defendant may reapply for the permissible fees incurred with regard to these depositions by filing
a request with supporting documentation that clearly outlines what taxable services were performed
within fourteen days of this order.
Defendant seeks to recover costs for fees and printing disbursements in the amount of
$177.21. Under 28 U.S.C. §1920(4), fees for exemplification and copies of papers necessarily
obtained for use in the case are allowed. Photocopying charges are taxable only to the extent that
the copies were actually used as court exhibits or were furnished to the court or to opposing counsel.
See D & B Countryside. L.L.C. v. S.P. Newell. 217 B.R. 72, 80 (E.D. Va. 1998). Defendant has
provided an itemized statement outlining the documents copied that were necessarily obtained for

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use in this case. Therefore, the request for exemplification and printing costs in the amount of
$1 77.21 is allowed.
In sum, defendant United Parcel Service, Inc. is awarded costs in the amount of $350.00 for
filing fees, $5,253.20 in transcript and deposition fees, and $177.21 for exemplification and printing
costs, for an award of$5,780.41. Within fourteen days ofthis order, defendant may resubmit its
application with supporting documentation for the court reporter and the original transcript fees for
the depositions of Kevin Kidd and Lester Grant (Volume II). All other requests for costs not
referenced in this summary are denied.
SO ORDERED. This

~day ofNovember 2013.
A. Richards, Clerk of Court

Ju

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