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EGEBERGH v. VILLAGE OF MOUNT PROSPECT

United States District Court, N.D. Illinois, Eastern Division


June 15, 2004.

KATHLEEN F. EGEBERGH, Individually and as Special Administratrix of the Estate of EDWARD J. FITZGIBBONS, Deceased, Plaintiff,
v.
VILLAGE OF MOUNT PROSPECT, COMMANDER DAVID NICHOLSON, individually and as agent of VILLAGE OF MOUNT PROSPECT, OFFICER JOSEPH BURDI, individually and as agent of VILLAGE OF MOUNT PROSPECT, Defendants.

The opinion of the court was delivered by: PAUL PLUNKETT, Senior District Judge

MEMORANDUM OPINION AND ORDER

Pursuant to our April 19, 2004 Order, defendants have submitted an amended bill of costs to recover costs under Federal Rule of Civil Procedure ("Rule") 54(d)(1) and 28 U.S.C. ยง 1920. For the following reasons, defendants may recover statutory costs under Rule 54(d) in the total amount of $9,725.83.

Discussion

  Through their amended bill of costs, defendants seek to recover transcript costs ($9,325.83, reflecting per page costs allowable under Local Rule 54.1(b) and the Judicial Conference of the United States) and trial subpoena fees for witnesses who testified at trial ($400.00). They have eliminated from their original bill of costs excess transcript costs (including charges for items such as word index, exhibit reproduction and delivery), subpoena fees for witnesses who did not testify at trial, postage costs and photocopying expenses. The only question, then, is whether the costs they now present are reasonable and were necessary to the case. The answer is yes. The transcript costs defendants request are for the depositions of the parties, witnesses who testified at trial or other witnesses whose testimony was used in connection with pretrial motions and trial preparation. Defendants also request costs for the transcripts of proceedings before us on the motions in limine, which they say were necessary due to the number and complexity of various issues presented. The transcripts for which defendants seek to recover costs were necessary to their case and the transcript costs are reasonable as they are consistend with the amounts dictated by Local Rule 54.1.

  Defendants also seek to recover trial subpoena fees for those witnesses who actually testified at trial. Defendants have demonstrated that the witnesses were subpoenaed in good faith and that the trial subpoena fees are reasonable.

  In sum, the costs sought by defendants are authorized by statute, are reasonable and were necessary to the case. Accordingly, the Court finds that defendants are entitled to recover $9,325.83 for transcripts and $400.00 for trial subpoena fees, or a total of $9,725.83 in costs.

  Conclusion

  For the reasons set forth above, the Court grants defendants' amended bill of costs in the amount of $9,725.83.

20040615

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