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JOHNSON v. MANNING

United States District Court, Northern District of Illinois


January 17, 2003

JOHNSON
v.
MANNING

The opinion of the court was delivered by: Zagel, United States District Judge

OPINION

On October 26, 2001, a jury rendered a verdict in favor of defendant and against plaintiff, after which defendant submitted a bill of costs in the amount of $3,368.65 pursuant to 28 U.S.C. § 1920 and Fed.R.Civ.P. 54(d). Plaintiff has objected to this request, claiming that the amount is unreasonable and that the itemization of the requested costs is inadequate to justify the amount. Plaintiff also points out that he himself has incurred over $3,000.00 in costs and that he cannot pay what defendant requests.

I find that defendant's bill of costs is sufficiently itemized and reasonable. While I have the discretion to excuse payment of costs, I see no reason for doing so in this case. The impression of this court is that this lawsuit had virtually no chance of prevailing and that the verdict was inevitable. Plaintiff should have realized this from the very start. Although it is possible that plaintiff will be unable to pay the costs in full, that is only a possibility, and defendant is fully entitled to its request.

Therefore, defendant's bill of costs is granted. Plaintiff shall pay defendant $3,368.65 in costs.

20030117

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