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,
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. § 1920. For the
following reasons, defendants may recover statutory costs under
Rule 54(d) in the total amount of $9,725.83.
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.
For the reasons set forth above, the Court grants defendants'
amended bill of costs in the amount of $9,725.83.
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