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Anthony Manson v. City of Chicago

November 10, 2011

ANTHONY MANSON, PLAINTIFF,
v.
CITY OF CHICAGO, KEVIN CULHANE, CAROL MCGHEE, PATRICIA PERKOVICH, AND DANIEL STANEK, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Morton Denlow

MEMORANDUM OPINION AND ORDER

I. BACKGROUND FACTS

Defendants City of Chicago, Officer Kevin Culhane, Officer Carol McGhee, Officer Patricia Perkovich, and Officer Daniel Stanek (collectively "Defendants") prevailed in this jury trial when the jury returned a verdict and this Court entered a judgment in their favor on August 4, 2011. Defendants submitted their Bill of Costs requesting $6,504.02 and Plaintiff Anthony Manson ("Plaintiff") submitted a response with objections. For the following reasons, the Court awards Defendants $5,624.91 in court costs.

A. DEFENDANTS' BILL OF COSTS AND PLAINTIFF'S OBJECTIONS.

In their Bill of Costs, Defendants request $6,504.02.*fn1 Specifically, Defendants request $165.45 for docket fees, $4,674.08 for court reporter and transcript fees, $1,384.29 for service of subpoenas, and $280.30 for a trial exhibit. The court reporter and transcript costs include numerous deposition and hearing transcripts:

! Transcript of City of Chicago Administrative Hearing concerning alleged building code violation (23 pages x $3.65, less 2% discount = $82.27);

! Transcript of Plaintiff Anthony Manson's deposition testimony (438 pages x $3.65, less 2% discount = $1,566.73); ! Transcript of Emmitt Bell's deposition testimony (96 pages x $3.65, less 2% discount = $343.39); ! Transcript of Bryce Ludington's deposition testimony (128 pages x $3.65 $60 attendance fee, less 2% discount = $516.66); ! Transcript of Officer Kevin Culhane's deposition testimony (99 pages x $3.65, less 2% discount = $354.12); ! Transcript of Benjamin Adebayo deposition testimony (66 pages x $2.35, less 2% discount = $152.00); ! Transcript of Officer Patricia Perkovich deposition testimony (109 pages x $3.45 = $376.05); ! Transcript of James Martin, Jr. deposition testimony (95 pages x $3.65, less 2% discount = $339.82); ! Transcript of Jesse Martinez's deposition testimony (94 pages x $3.65 $60 attendance fee = $403.10); ! Copies of Randi O'Carroll and Officer Daniel Stanek's deposition transcripts (187 pages x $2.35 = $439.45); ! Copy of Ernesto Loza's deposition transcript (34 pages x $2.25 = $76.50); ! Transcripts of proceedings in Plaintiff's criminal case (8 pages x $3.00 = $24.00).

Defendants' request for $1,384.29 for service of subpoenas includes:

! Service of subpoena to Dr. George Koshy on October 19, 2009 ($77.00 for services rendered $10 check fee $48.19 witness fee advance = $135.19);

! Service of subpoena to Dr. George Koshy on March 22, 2010 ($77.00 for services rendered $10 check fee $47.00 witness fee advance = $134.00);

! Service of rule to show cause to Donald Drink & James Martin ($214.00 for services rendered);

! Service of subpoena to Jesse Martinez ($217.00 for services rendered $9.00 delivery fee $45.00 witness fee advance, less $13.02 discount = $257.98);

! Service of subpoenas to Bryce Ludington, James Martin, Jr., Donald Drink, Tom Dunkell, Emmitt Bell and Dr. George Koshy ($448.00 for services rendered $195.12 witness fee advance*fn2 = $643.12).

Plaintiff objects to the Bill of Costs as a whole because it was not supported by an affidavit. Plaintiff objects to Defendants' docket fees because they are not true docket fees. Plaintiff objects to various court reporter fees on the grounds that some transcripts were not necessary and several exceeded the actual rate or maximum allowable price per page. Plaintiff objects to the process server fees for services rendered on the grounds of insufficient documentation. Plaintiff objects to the check fees because they are not explained or identified in the invoices. Finally, Plaintiff contests the delivery fees on the grounds that they are ordinary business expenses. These objections will be discussed in order following a brief discussion of the applicable law.

II. DISCUSSION

Federal Rule of Civil Procedure 54(d)(1) allows the prevailing party to recover costs "other than attorneys' fees." Specifically, the recoverable costs include:

(1) Fees of the clerk and marshal;

(2) Fees for printed or electronically recorded transcripts necessarily ...


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