Columbia Gas Transmission Corporation v. United States of America et al

Filing 265

MEMORANDUM OPINION AND ORDER granting Defendant's 261 MOTION for Review of Costs Taxed by the Clerk; directing the Clerk to adjust the costs taxed against Defendant as more fully set forth herein. Signed by Judge Robert C. Chambers on 5/5/2016. (cc: counsel of record; any unrepresented parties) (jsa)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF WEST VIRGINIA
HUNTINGTON DIVISION

COLUMBIA GAS TRANSMISSION LLC,
Plaintiff,
v.

CIVIL ACTION NO. 3:14-11854

TRI-STATE AIRPORT AUTHORITY,
Defendant.
MEMORANDUM OPINION AND ORDER
Pending is Defendant Tri-State Airport Authority’s motion pursuant to Federal Rule of
Civil Procedure 54(d) for review of costs taxed by the Clerk. ECF No. 261. For the reasons and to
the extent discussed below, the Court GRANTS Defendant’s motion.
As a preliminary matter, the Court clarifies the issues at present. Prior to the instant motion
for review, Defendant objected to Plaintiff Columbia Gas’s Bill of Costs, ECF. No 246, and
Plaintiff responded in support of its Bill of Costs, ECF No. 252. These filings were resolved by
the Clerk’s calculating and taxing costs. ECF No. 259. As such, the Court deals only with issues
presented in Defendant’s instant motion.
Defendant’s motion for review of costs taxed by the Clerk presents two issues. First, did
the Clerk err by taxing the cost of Colonel Shafer’s deposition against Defendant? Colonel Shafer
was the United States’ 30(b)(6) representative. However, the Clerk identified Colonel Shafer as a
30(b)(6) representative of Plaintiff, rather than the United States. The Clerk’s error in identifying
the party affiliation of Colonel Shafer resulted in erroneously taxing the cost of Colonel Shafer’s

deposition against Defendant. Accordingly, costs associated with Colonel Shafer’s 30(b)(6)
deposition transcript are not taxable against Defendant.
Second, did the Clerk err in calculating the costs associated with Mr. Kenny Newhouse?
The Clerk calculated the total cost associated with Mr. Newhouse as $377.66. The Court will now
review the total cost taxable for Mr. Newhouse’s participation in this case. First, Mr. Newhouse
was deposed in Charleston, West Virginia, which entitled him to a $40 fee and also reimbursement
of $16.20 for round trip mileage from his home in Elkview, West Virginia to Charleston.1 This
amounts to a total deposition fee of $56.20. Second, Mr. Newhouse was subpoenaed to prepare for
and attend the trial as a witness for up to five days. Mr. Newhouse complied with the subpoena
and was released from his duties under the Subpoena after the first day of trial. According to
Defendant, Mr. Newhouse is entitled to one day’s trial attendance at $40.00 and also round trip
mileage reimbursement for the one day he actually attended trial, which Defendant calculated at
$35.53 and Plaintiff calculated at $71.28. With regard to Mr. Newhouse’s attendance at trial, the
Court finds Mr. Newhouse is entitled to reimbursement for one day’s attendance—thus, a $40 fee
and $71.28 in round trip mileage reimbursement.2 This amounts to a total trial fee of $111.28. In
total, for his deposition and appearance at trial Mr. Newhouse was entitled to $167.48 in fees and
reimbursement. Therefore, the Clerk should only have taxed against Defendant this amount as the
costs associated with Mr. Newhouse. Any amount Plaintiff may have paid Mr. Newhouse in excess
of this amount cannot be included in the costs taxed against Defendant.

1

Elkview is approximately fifteen miles from Charleston.
The Court credits Plaintiff’s calculation, which multiplied 132 miles (the total round-trip
distance between Mr. Newhouse’s home in Elkview, West Virginia and the trial location in
Huntington, West Virginia) by $ 0.54 per mile (the federal mileage reimbursement rate) for a sum
of $71.28.
2

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To conclude, the Court GRANTS Defendant’s motion to review the costs taxed by the
Clerk. The Court ORDERS the Clerk to adjust the costs taxed against Defendant as follows: costs
associated with Colonel Shafer’s 30(b)(6) deposition transcript are not taxable against Defendant;
and total costs associated with Mr. Newhouse’s participation in this case amount to $167.48.
The Court DIRECTS the Clerk to send a copy of this Order to counsel of record and any
unrepresented parties.
ENTER:

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May 5, 2016