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.

Gilbert-Mitchell v. Lappin

May 6, 2010

WALLACE GILBERT-MITCHELL, JR., PLAINTIFF,
v.
HARLEY G. LAPPIN, ET AL., DEFENDANTS.



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

MEMORANDUM AND ORDER

I. Introduction

On September 25, 2006, Wallace Gilbert-Mitchell, an inmate currently incarcerated in the Federal Correctional Institution in Oakdale, Louisiana, filed suit against numerous individuals for alleged violations of his constitutional rights by persons acting under the color of federal authority.See Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971). The Court entered judgment against Plaintiff and in favor of Defendants on February 9, 2010. Now before the Court is Defendants' Bill of Costs, filed February 16, 2010. Defendants seek $985.00 in recoverable costs.

Local Rule 54.2 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, Plaintiff filed objections to Defendants' Bill of Costs on March 2, 2010, which was the final day of the response period. Plaintiff's response is, therefore, timely, and the Court now rules on Plaintiff's objection to Defendants' 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 Attorney's Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs - other than attorney's fees -should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days' notice. On motion served within the next 7 days, the court may review the clerk's action. 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 for printed or electronically recorded transcripts necessarily obtained for use in the case;

(3) Fees and disbursements for printing and witnesses;

(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily ...


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.