White v. Andersen Logostics et al

Filing 60

ORDER overruling Plaintiff's 57 Objections to Defendant's 56 Bill of Costs, authorizing the Clerk to tax costs in the full amount sought. Signed by Honorable Joseph F Anderson, Jr on 10/27/2011. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

Joey White,
Plaintiff,
vs.
Andersen Distribution, Inc.,
Defendant.
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C/A: 3:09-2705-JFA

ORDER

After its motion for summary judgment was granted, the defendant, Andersen
Distribution, Inc., filed a motion for costs as the prevailing party in this action. The plaintiff
has filed an opposition to the costs being taxed, suggesting that his financial situation
compels the conclusion that no costs should be awarded in this case. He then cites Federal
Rule of Civil Procedure 54(d)(1) which provides that costs “should be allowed to the
prevailing party.”
The Bill of Costs in this action reveals that the costs total $1,247.83, consisting of
$87.23 copying costs, and $1,160.60 for the plaintiff’s video deposition. The court has
reviewed the record and it notes in this action and has conferred with its law clerk regarding
the extent to which the plaintiff’s deposition played a part in the resolution of this case. It
has been this court’s practice in the past to deny, at least in part, a motion for costs where
depositions were not used or were used only to a very limited extent. In this case, however,
both this court and its law clerk made extensive use of the plaintiff’s deposition in deciding
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the issue presented in the defendant’s summary judgment motion.

Accordingly, the

plaintiff’s objection to the Bill of Costs is overruled and the Clerk is hereby authorized tax
costs in the full amount sought.
IT IS SO ORDERED.

October 27, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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