SAP America Inc v. InvestPic LLC

Filing 104

MEMORANDUM OPINION AND ORDER denying #95 Amended Motion for Entry of Bill of Costs. (Ordered by Judge Ed Kinkeade on 9/11/2017) (axm)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SAP AMERICA, INC.,
Plaintiff,

v.
INVESTPIC, LLC,

Defendant.

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CIVIL ACTION NO.
3:16-CV-02689-K

MEMORANDUM OPINION AND ORDER
Before the Court is SAP America, Inc.’s Amended Motion for Entry of Bill of
Costs (Doc. No. 95). After careful consideration of the motion, the response, the
reply, the supporting appendices, the applicable law, and any relevant portions of the
record, the Court DENIES the Motion.
SAP America, Inc. (“SAP”) requests that the Court include in its award of costs
of court in this matter the expenses incurred by SAP related to the appointment of
the Special Master in this case.
The Court denies this request because inclusion of Special Master fees in costs
of court is not authorized by statute, rule, or otherwise. A court may only award costs
of court expressly set out in 28 U.S.C. §§ 1821 and 1920. Crawford Fitting Co. v. J.T.
Gibbons, Inc., 482 U.S. 437, 442 (1987). These sections do not authorize taxation of
Special Master fees as costs. 28 U.S.C. §§ 1821; 28 U.S.C. § 1920; Perez v. Carey Int’l,
Inc., 373 F. App’x 907, 914 (11th Cir. 2010).

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In addition, the agreed order appointing the Special Master in this case does
not state that the Special Master’s fee may or will be ultimately taxed as costs against
a losing party. Instead, the order states that the fees “shall be divided equally between
the parties as directed in the terms of each order approving and Itemized Statement
of fees and expenses ….” Doc. No. 31 at 5.
For these reasons, the Court finds that there is no basis to tax the costs of the
Special Master in this case against Investpic, LLC and the Court DENIES the
Motion.
SO ORDERED.
Signed September 11th , 2017.

__________________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE

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