Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MOVITZ v. FIRST NAT'L BANK OF CHICAGO

October 23, 1997

LOUIS A. MOVITZ, as Trustee, and ESTOCK CORPORATION, N. V., Plaintiffs,
v.
THE FIRST NATIONAL BANK OF CHICAGO, Defendant.



The opinion of the court was delivered by: NORGLE

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is Plaintiffs' Bill of Costs pursuant to 28 U.S.C. § 1920 and Federal Rule of Civil Procedure 54(d). For the following reasons, Plaintiffs' costs are granted in part.

 I. BACKGROUND

 In December 1980, the Defendant acquired Corporate Atrium I, an office building in Houston, Texas, and managed it until May 1984 on behalf of the Plaintiffs. Allegedly, after learning of the Defendant's mismanagement of the building, the Plaintiffs terminated the Defendant. Chase Manhattan took over the management responsibilities. In late 1985, the Plaintiffs were advised that at least another $ 1,000,000 would be needed to salvage their investment. Rather than invest further capital, the Plaintiffs decided to allow the mortgage holder to foreclose on the building.

 In May 1986, the Plaintiffs filed a complaint, alleging breach of fiduciary duty, common law negligence, and breach of contract. On March 27, 1997, a jury returned a general verdict in favor of the Plaintiffs, and against the Defendant, in the amount of $ 3,284,665. The Plaintiffs now seek $ 154,640.76 in costs. The Defendant objects and submits that the court should only award $ 14,092.69 to the Plaintiffs in costs.

 II. DISCUSSION

 Under Federal Rule of Civil Procedure 54(d), "costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs." In order to award costs, however, the court must have specific statutory authority. See Barber v. Ruth, 7 F.3d 636, 644 (7th Cir. 1993) (citing Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 440-41, 96 L. Ed. 2d 385, 107 S. Ct. 2494 (1987)).

 28 U.S.C. § 1920 (1994) specifies many of the costs that may be recovered pursuant to Rule 54(d). 7 F.3d at 644. Section 1920 allows the following costs:

 
(1) Fees of the clerk and marshal;
 
(2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case;
 
(3) Fees and disbursements for printing and witnesses;
 
(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;
 
(5) Docket fees under section 1923 of this title; [and]
 
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.

 28 U.S.C. § 1920. These costs are presumptively awarded to the prevailing party. See FASA Corp. v. Playmates Toys, Inc., 108 F.3d 140, 144 (7th Cir. 1997). The losing party has the burden of affirmatively demonstrating that the prevailing party is not entitled to certain costs. Id.; see also Truck Components Inc. v. Beatrice Co., 1996 U.S. Dist. LEXIS 9946, No. 94 C 3228, 1996 WL 402520, at *1 (N.D. Ill. July 15, 1996).

 The Plaintiffs seek to recover the following costs: Fees of the Clerk $ 60.00 Fees for service of summons and subpoenas $ 849.25 Fees of the court reporter $ 58,986.45 Fees for witnesses $ 9,693.96 Fees for exemplification and copies of papers $ 55,882.37 Fees for Defendant's experts $ 28,290.00 Fees for long-distance calls $ 878.73


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.