Cannon et al v. Village of Bald Head Island, North Carolina et al

Filing 177

ORDER granting in part 158 Motion for Bill of Costs. For the foregoing reasons, the motion for bill of costs [DE-158] is GRANTED in part. As the prevailing parties, plaintiffs Thomas M. Cannon, Jesse M. Conner, Donald M. Koons, and Nicholas M. Terrell are awarded (1) $427.60 in costs pursuant to § 1920(1); (2) $7,013.10 in costs pursuant to § 1920(2) and (3) $1,585.15 in costs pursuant to § 1920(3). Total costs in the amount of $9,025.85 are taxed against defendants Calvin R. Peck, Jr., and Caroline Mitchell and shall be included in the judgment. Signed by Peter A. Moore, Jr., Clerk of Court on 9/10/2021. (Waddell, K.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:15-CV-187-M
THOMAS M. CANNON,
JESSE M. CONNER,
DONALD M. KOONS, and
NICHOLAS M. TERRELL,
Plaintiffs,
V.

VILLAGE OF BALD HEAD ISLAND,
NORTH CAROLINA, CALVIN R. PECK,
JR., and CAROLINE MITCHELL,
Defendant.

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ORDER ON MOTION
FOR BILL OF COSTS

This matter is before the clerk on the motion for bill of costs [DE-15 8] filed by plaintiffs
Thomas M. Cannon, Jesse M. Conner, Donald M. Koons, and Nicholas M. Terrell. For the
reasons set forth below, the motion is GRANTED in part.
Following a bench trial on September 8 and 9, 2020, before the Honorable Malcolm J.
Howard, Senior United States District Judge, the court issued findings of fact and conclusions of
law on November 30, 2020 [DE-154]. The court granted relief to plaintiffs against defendants
Calvin Peck and Caroline Mitchell but dismissed plaintiffs' claims against defendant the Village
of Bald Head Island. The clerk entered judgment [DE-155] that same day.
Plaintiffs timely filed a motion for bill of costs [DE-158] on December 14, 2020, along
with supporting documentation [DE-157-11]. Although defendants Peck and Mitchell responded
in opposition to a motion for attorney's fees, they did not respond to the motion for bill of costs.
In a text order issued on August 6, 2021, the undersigned directed plaintiffs to file supporting
invoices for their requested costs for fees for printed or electronically recorded transcripts

Case 7:15-cv-00187-M-KS Document 177 Filed 09/10/21 Page 1 of 3

necessarily obtained for use in the case. Plaintiffs timely complied with the directive on August
18, 2021.
Plaintiffs seek costs under Rule 54(d)(l) as the prevailing parties in this action. See Fed.
R. Civ. P. 54(d)(l) ("Unless a federal statute, these rules, or a court order provides otherwise,
costs---other than attorney's fees-should be allowed to the prevailing party."). Federal courts
may asse~s only those costs listed in 28 U.S.C. § 1920. See Arlington Cent. Sch. Bd. of Educ. v.
Murphy. 548 U.S. 291, 301 (2006); Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437,
441-42 (1987), superseded on other grounds by statute, 42 U.S.C. § 1988. Local Civil Rule 54.1
"further refines the scope of recoverable costs." Earp v. Novartis Pharmaceuticals Corp., No.
5:11-CV-680-D, 2014 WL 4105678, at *1 (E.D.N.C. Aug. 19;2014).
Here, plaintiffs seek $9,524.25 in costs, including (1) $400.00 in costs for fees of the
clerk, pursuant to § 1920(1 ); (2) $27 .60 for service of the sul11I!1ons and subpoena pursuant to §
1920(1); (3) $7,511.50 for fees for printed or electronically recorded transcripts necessarily
obtained for use in the case, pursuant to § 1920(2) and (4) $1,585.15 for fees for witnesses
pursuant to § 1920(3). Having the reviewed the supporting documentation and the record, the
clerk finds that plaintiffs' requested costs under § 1920(1) and § 1920(3) in the amount of
$2,012.75 are allowable under the statute and Local Civil Rule 54.1.
Plaintiffs' request for transcript costs, however, include charges for exhibits, postage,
witness signatures, and expedited preparation. This court has construed § 1920(2) and Local
Civil Rule 54.1 as not encompassing these charges. See Dutton v. Wal-Mart Stores East, L.P.,
No. 4:11-CV-94-BO, 2015 WL 1643025, at *2 (E.D.N.C. March 13, 2015) ("In construing 28
U.S.C. § 1920 and Local Civil Rule 54.1, this court has also denied fees for copies of deposition
exhibits, read and sign, rough drafts, litigation support packages, ASCII disks, shipping, handling

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and expedited processing."). Nwaebube v. Employ't Sec. Comm'n of N.C., No. 5:09-:CV-395-F,
2012 WL 3643667, at *1 (E.D.N.C. Aug. 21, 2012) (disallowing costs of exhibit copies); Parrish
v. Johnston Comty. Coll. No. 5:09-CV-22-H, slip. op. at 2-3 (E.D.N.C. Feb. 13, 2012)
(observing that "Local Civil Rule 54.l(c)(l)(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"). Accordingly, of plaintiffs' request for fees for costs of transcripts,
$498.40 1 is disallowed. The remaining amount of $7,013.10 is allowed.
For the foregoing reasons, the motion for bill of costs [DE-158] is GRANTED in part. As
the prevailing parties, plaintiffs Thomas M. Cannon, Jesse M. Conner, Donald M. Koons, and
Nicholas M. Terrell are awarded (1) $427.60 in costs pursuant to § 1920(1); (2) $7,013.10 in
costs pursuant to § 1920(2) and (3) $1,585.15 in costs pursuant to § 1920(3). Total costs in the
amount of $9,025.85 are taxed against defendants Calvin R. Peck, Jr., and Caroline Mitchell and
shall be included in the judgment.
SO ORDERED. This the

/tZ day of September, 2 0 ~

/

~
Clerk of Court

1

This encompasses the difference between the expedited rates for the preparation of the transcript of the bench trial
and the ordinary rate ($3.65); exhibit charges for the depositions of Paul Swanson, Scott Anderson, Herbert Bryant,
and Calvin Peck; postage and handling for the deposition of Scott Anderson and Paul Swanson; and witness
signature fee for the deposition of Calvin Peck.

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