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Safi v. Royal Jordanian Airlines

April 11, 2011

SAFI
v.
ROYAL JORDANIAN AIRLINES



Name of Assigned Judge D. Leinenweber Sitting Judge if Other or Magistrate Judge Harry than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

For the reasons stated herein, Defendant Royal Jordanian Airlines' Bill of Costs [83] is granted in part and denied in part. Plaintiff is liable to RJA for $2,287.36 in costs.

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

Before the Court is Defendant Royal Jordanian Airlines' ("RJA") Bill of Costs, brought pursuant to Fed. R. Civ. P. 54(d) and Local Rule 54.1. These rules allow for recovery of the litigation costs specified in 28 U.S.C. § 1920.

A jury ruled in favor of RJA on Plaintiff Nafiseh Ahmad Safi's employment discrimination claim, and judgment was entered in its favor on Feb. 25, 2011. Safi has not responded to RJA's Bill of Costs. The Court must determine whether, under § 1920, the costs requested by RJA are reasonable and necessary. Deimer v. Cincinnati Sub-Zero Products, Inc., 58 F.3d 341, 345--46 (7th Cir. 1995). The Court will address each category of expenses in turn.

Fees for Service of Summons and Subpoena

RJA seeks to recover $577.76 in fees for service of summons and subpoena. However, this category actually includes witness fees and mileage for three witness - Pastor, Cruz, and Ayad - in the amount of $179.16, as well as a $398.60 bill from a special process server for serving these witnesses. Although the witness fees are miscategorized, the court will allow them because RJA provided documentation as to their mileage and because all three witnesses were subpoenaed to appear and testify at trial. Haroco, Inc. v. American Nat. Bank and Trust Co. of Chicago, 38 F.3d 1429, 1442 (7th Cir. 1994).

Under 28 U.S.C. § 1920(1), the prevailing party may recover service costs not in excess of the United States Marshals Service's fees, no matter who effectuated service. Collins v. Gorman, 96 F.3d 1057, 1060 (7th Cir. 1996). Here, RJA has submitted a bill from Edward R. Kirby & Associates, Inc. for $398.60, $340 of which reflects four hours for service at the rate of $85 an hour. The remainder of the fee is a $39.60 expense for mileage, a $10 "database" fee, $4 for parking and $5 for "office/telephone."

STATEMENT

The current fee for service of process by the U.S. Marshals Service is $55 per hour, plus travel costs and other out-of-pocket expenses. 28 CFR § 0.114. As such, the hourly fee for RJA's special process server must be cut from $85 per hour to $55. That amounts to $220. Because the bill from the process server does not reflect how the mileage fee was calculated, the Court will not allow it. Nor does the bill explain the "database fee," so that too is disallowed. However, the Court will allow the $9 total in telephone and parking expenses, for a total of $229.

Fees for Court Reporter Transcripts

RJA seeks $1,458.10 in transcription costs. The main problem with its requests is that RJA has submitted two bills ...


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