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.

Wilson v. Jackson

August 30, 2007

BRENDA WILSON, AS MOTHER AND NEXT FRIEND OF TENIESHA ADAMS, A MINOR, AND TENIESHA ADAMS, PLAINTIFFS,
v.
PHYLLIS JACKSON, DEFENDANT.



The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

I. Introduction

This civil rights action, brought pursuant to 42 U.S.C. § 1983, proceeded to jury trial on July 16, 2007. On July 19, 2007, the jury returned a verdict in favor of Defendant, Phyllis Jackson, and against Plaintiff, Teniesha Adams.*fn1 The Court entered judgment on January 19, 2007. Now before the Court is Defendant's Bill of Costs, filed July 30, 2007. Defendant seeks $1,092.55 in recoverable costs.

Local Rule 54.2(3) provides that the party against whom costs are claimed may file specific objections to the bill of costs, "with a statement of reasons for the objections," within ten days of the date the bill of costs was served upon them. If no objections are timely filed, the Clerk of Court max tax and enter costs. If objections are filed, the Clerk of Court does not tax the costs but instead submits the bill of costs and objections to the District Judge for review. Here, Plaintiffs filed objections to Defendant's Bill of Costs on August 11, 2007. Defendant replied on August 20, 2007. Thus, the Court now rules on Plaintiffs' objections to Defendant's Bill of Costs.

II. Analysis

FEDERAL RULE OF CIVIL PROCEDURE 54(d) authorizes federal district courts to award costs (as well as attorneys' fees) to prevailing parties in lawsuits. In fact, the Seventh Circuit has noted that Rule 54 gives prevailing parties a "strong presumptive entitlement to recover costs" other than attorneys' fees. See, e. g., Perlman v. Zell, 185 F.3d 850, 858 (7th Cir. 1999); Luckey v. Baxter Healthcare Corp., 183 F.3d 730 (7th Cir.), cert. denied, 528 U.S. 1038 (1999).A prevailing party is a litigant who "wins the battle" on a "substantial part of the litigation." Slane v. Mariah Boats, Inc., 164 F.3d 1065, 1068 (7th Cir.), cert. denied, 527 U.S. 1005 (1999); First Commodities Traders, Inc. v. Heinold Commodities, Inc., 766 F.2d 1007, 1015 (7th Cir. 1985). Defendants prevail by defeating a claim against them. See Perlman, 185 F.3d at 858-59.

In relevant part, Rule 54 provides:

(d)(1) Costs Other than Attorneys' Fees. Except when express provision therefor is made either in a statute of the United States or in these rules, costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs; but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Such costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court. FED.R.CIV.P. 54.

Costs do not include all litigation expenses. Rather, costs are particular statutorily-defined categories of incurred charges worthy of reimbursement. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 445 (1987); Hairline Creations, Inc. v. Kefalas, 664 F.2d 652, 655 (7th Cir. 1981).

28 U.S.C. § 1920 sets forth the categories of expenses which properly may be taxed, including:

(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 ...


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.