United States District Court, N.D. Illinois, Eastern Division
OPINION AND ORDER
H. Lefkow Judge
March 18, 2016, the court entered summary judgment in favor
of LKQ Corporation. (Dkts. 193, 194.) On April 18, 2016,
under 28 U.S.C. § 1920 and Federal Rule of Civil
Procedure 54(d), LKQ filed a bill of costs in the amount of
$96, 382.83. (Dkt. 201.) On May 10, 2016, Clearlamp, LLC,
filed an opposition to the bill of costs. (Dkt. 207.) For the
foregoing reasons, the court taxes costs in the amount of
$10, 347.49 and directs the parties to confer regarding
reasonable airfares to be included.
Rule of Civil Procedure 54(d) states that “[u]nless a
federal statute, these rules, or a court order provides
otherwise, costs-other than attorney's fees-should be
allowed to the prevailing party.” Pursuant to 28 U.S.C.
§ 1920, A judge or clerk of any court of the United
States may tax as costs the following:
(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 obtained
for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of
special interpretation services under section 1828 of this
the decision to award costs is left to the discretion of the
trial court, there is a “strong presumption” that
the prevailing party will recover its costs under Rule 54(d).
Contreras v. City of Chi., 119 F.3d 1286, 1295 (7th
Cir. 1997); see also Northbrook Excess & Surplus Ins.
Co. v. Proctor & Gamble Co., 924 F.2d 633, 642 (7th
Cir. 1991). In determining whether to award costs against the
losing party, the court must determine “(1) whether the
cost imposed on the losing party is recoverable and (2) if
so, whether the amount assessed for that item was
reasonable.” Majeske v. City of Chi., 218 F.3d
816, 824 (7th Cir. 2000). The “party seeking an award
of costs carries the burden of” making this showing.
Trs. of the Chi. Plastering Inst. Pension Tr. v. Cork
Plastering Co., 570 F.3d 890, 906 (7th Cir. 2009).
Fees of the Clerk and Marshal-28 U.S.C. §
seeks $31, 961 as fees of the Clerk and Marshal made up of
(1) $29, 600.00 in costs relating to filing for inter
partes review, (2) $2, 286.00 in costs for service of
subpoenas to third-party witnesses, and (3) $75.00 in costs
associated with obtaining assignment histories. LKQ cites no
precedent for a court to award filing fees for inter
partes review under 28 U.S.C. § 1920(1) and has
otherwise failed to convince the court that such fees are
taxable in the present situation. Accordingly, the court
declines to tax LKQ's inter partes review filing
fees. LKQ is entitled to its costs for serving subpoenas to
third parties. These costs, however, will be reduced to
$510.00 to reflect one hour-since the invoices do not reflect
the amount of time it took to effect service-of the hourly
rate charged by the U.S. Marshals Service for service of
process.See Clarendon Nat'l Ins. Co. v.
Medina, No. 08 C 4245, 2010 WL 3526515, at *1 (N.D. Ill.
Sept. 1, 2010) (noting that service fees under 28 U.S.C.
§ 1920(1) are capped by the U.S. Marshals Service rates
and that “[w]hen an invoice fails to reflect the time
spent effectuating service, courts typically award costs for
one hour”). Clearlamp does not object to $75.00 for
obtaining certified assignment histories. As such, those fees
the court will tax $585.00 for fees of the Clerk and Marshal
under 28 U.S.C. § 1920(1).
Fees for Court Reporting and Transcripts-28 U.S.C. §
seeks a total of $25, 256.56 as fees for court reporting and
does not object to the fees, which have been reduced to the
reflect the Judicial Conference rate, incurred to obtain the
October 18, 2012, April 7, 2014, March 25, 2015, September 2,
2015, September 30, 2015, and March 4, 2016 hearing
transcripts, the transcript and video deposition of Robert
Sandau, and the deposition transcript of James Devlin.
the court will tax these fees in the amount reflected in the
table at the end of this section.
Inter Partes ...