Tommy Davis Construction Inc. v. Cape Fear Public Utility Authority et al

Filing 69

ORDER granting 68 Motion for Bill of Costs - Costs are taxed in the amount of $888.50 and included in the judgment. Signed by Julie Richards Johnston, Clerk of Court on 3/12/2015. (Lee, L.)

AO 133

(Rev. 12/09) Bill ofCosts

UNITED STATES D ISTRICT COURT
for the

TOMMY DAVIS CONSTRUCTION INC.

Case

V.
CAPE FEAR PUBLIC UTILITY AUTHORITY
AND NEW HANOVER COUNTY

1

o.: 7:13-cv-0002-h

BILL OF COSTS
Judgment having been entered in the above entitled action on

07/08/2014

against

Defendants

Dare

the Clerk is requested to tax the following as costs:
Fees of the Clerk ... .... ...... .................. ... . . . . . ........... . ..... .. . ...... .

$

235.00

------5.30

Fees for service of summons and subpoena ........ ... .. . ....... . .... . .................. .

225.75

Fees for printed or electronically recorded transcripts necessarily obtained for use in the case ..... .
Fees and disbursements for printing ... .. .......... . ................................... .

0.00

Fees for witnesses

0.00

(itemi= on page nvo) ... . . . . . . . . . . . . . ..... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . •
e

Fees for exemplification and the costs of making copies of any materials where the copies are
necessarily obtained for use in the case ........ ........ ...... . ............ ... .... . ... . . .

438.20

Docket fees under 28 U.S .C. 1923 ..... ...... .. . . .... . . ... . . .... .... .......... . .... . .. .

0.00

Costs as shown on Mandate of Court of Appeals .. .... .. .. . ..... . ........................ .

0.00

Compensation of court-appointed ex pens . .. ...... .. ..... . . . .................... . ...... .

0.00

Compensation of interpreters and costs of special interpretation services under 28

0.00

Other costs

.S.C. 1828 .. .. .

(please itemi=e) . . . . . . • . . . . . . . . . . . . .. . . . . . . . . • . . . . . . . . . . . . . . • . . . . . . . • . . . . . . . .

TOTAL

$- - - - 904.25
- --

SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories.

Declaration
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the
ervices for which fees have been charged were actually and necessarily performed . A copy of this bill has been served on all parties
in the following manner:

[Z]

0

Electronic service

D~A~mey:
Other:

~~
~

First class mail. postage prepaid

•

ameofAttom~~e~y~A-~C o~e ------------------------------------------------­
l ~ ~ x~

For:

Tommy Davis Construction . Inc.

Date:

Name ojCI01ming Parry

Taxation of Costs

By :

----~~-=~-­
Deputy Clerk

Date

*

AO 133 (Rev. 12/09) Bill of Costs

UNITED STATES DISTRICT COURT
Witness Fees (computation, cf. 28 U.S.C. 1821 for statuto ry fees)
ATTE DANCE

SUBSISTE CE

Total
Cost

Total
Cost

AME. CITY A D STATE OF RESIDE CE
Davs

Davs

MILEAGE

Miles

Total
Cost

Total Cost
Each Witness

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00
TOTAL

$0.00

\"OTI CE
Section 1924, Title 28, C. . Code (effective eptember I , 19-'8) prov id es:
··sec. 1924. Verification of bill of cost ...
··Before any bill of costs is taxed. the party claiming any item of cost or disbursement shall anach thereto an affidavit, made by himself or by
his duly authorized attorney or agent having knowledge of the facts. that such item is correct and has been necessarily incurred in the case and
that the services fo r which fees have been charged were actually and necessarily performed ...
See also Section 1920 ofTitle 28, which read s in pa rt as follow s:
"A bill of cost shall be filed in the case and. upon allowance. included in the judgment or decree.''
T he Federal Rule of C ivil Procedure conta in th e following prov isions:
R L E S4(d)(l )
Costs Other than Attorneys' Fees.
Unless a fede ral statute, these rules. or a court order provides otherv.-ise. costs - other than attorney's fees - should be allowed to the
prevailing party. But costs against the nited States. its officer , and its agencies may be imposed only to the extent allowed by Jaw. The clerk
may ta" costs on 14 day's notice. On motion erved within the next 7 days, the court may review the clerk's action.
RUL E 6
(d) Additional Time After Ce rta in Kinds of Service.
When a party may or must act within a pecified time after service and en·ice is made under Ru le5(b)(2)(C). (D), (E), or (F). 3 days are
added after the period would otherwise expire under Rule 6(a).
RUL E 58(e)
Cost or Fee Awards:
Ord in arily, the entry of judgment may not be delayed. nor the time for appeal extended. in order to tax costs or award fees. But if a
timely motion for attorney's fees is made under Rule 54(d)(2). the coun may act before a notice of appeal has been filed and become
effective to order that the motion have the arne effect under Federal Rule of Appellate Procedure 4(a)(4) as a time ly motion under Rule 59.

*
The award is reduced by $15.75 for the exhibits scanned and shipping and handling costs
associated with the deposition of Tommy Davis. In construing 28 U.S.C. § 1920 and Local Civil
Rule 54.1, this court has denied fees for copies of exhibits and shipping and handling. See, ~.
Nwaebube v. Employment Sec. Comm'n ofN.C., No. 5:09-CV-395-F, 2012 WL 3643667, at *1
(E.D.N.C. Aug. 21, 2012) (unpublished) (disallowing costs of exhibit copies); Hexion v. Specialty
Chemicals, Inc. v. Oak-Bark Corp., No. 7:09-CV-105-D, 2012 WL 2458638, at *6 (E.D.N.C. June
27, 2012) (unpublished) (denying costs for shipping and handling).

3