Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Save to My Library
Look up keyword
Like this
3Activity
0 of .
Results for:
No results containing your search query
P. 1
Motion to Tax Costs

Motion to Tax Costs

Ratings: (0)|Views: 551 |Likes:
The court granted in part and denied in part Defendant's motion to tax costs in Marctec, LLC v. Johnson & Johnson and Cordis Corporation.
The court granted in part and denied in part Defendant's motion to tax costs in Marctec, LLC v. Johnson & Johnson and Cordis Corporation.

More info:

Published by: Myers, Boebel and MacLeod L.L.P. on Feb 24, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

11/12/2012

pdf

text

original

 
Page 1 of 9
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOISMARCTEC, LLC,Plaintiff,v.JOHNSON & JOHNSON andCORDIS CORPORATION,Defendants. Case No. 07-cv-825-DRHMEMORANDUM & ORDER HERNDON, Chief Judge:I. Introduction
Before the Court is
 
Defendants’ Motion to Tax Costs (Doc. 183), to which Plaintiff has responded in opposition (Doc. 186) and Defendants have replied(Doc. 199). Defendants move pursuant to
EDERAL
ULE OF 
C
IVIL
P
ROCEDURE
54(d)
and
L
OCAL
ULE
54.2
. Initially, Defendants sought an Order awarding their taxablecosts in the total amount of $80,625.81. Defendants submitted their bill of costs,showing the categorical breakdown for their expenses, along with the appropriatedeclaration and supporting documentation. Plaintiff objects to several cost items for which Defendants seek reimbursement, arguing that the Court should reduce therecoverable costs to an amount of no more than $27,732.51, as it believes the
 
1
 
28 U.S.C. § 1920 Taxation of Costs
, states in pertinent part: A judge or clerk of any court of the United States may tax as costs thefollowing:
(1)
Fees of the clerk and marshal;
(2)
Fees of the court reporter for all or any part of the stenographictranscript necessarily obtained for use in the case;
(3)
Fees and disbursements for printing and witnesses;
(4)
Fees for exemplification and copies of papers necessarily obtainedfor 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 specialinterpretation services undersection 1828 of this title. A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
2
Civ. L .R. 54.2
states:Not all trial expenses are taxable as costs. Only those items authorized by law may  be taxed as costs. Costs shall be taxed in accordance with Federal Rule of Civil Procedure54(d) and 28 U.S.C. § 1920.Federal Rule of Civil Procedure 54(d)(1) provides that costs (other than attorneys'fees) should be allowed to the prevailing party, unless a federal statute, rule, or court orderotherwise directs. Rule 54(d)(1) further provides that such costs may be taxed by the Clerkof Court "on 14 days’ notice." Opposing counsel will be allowed 14 days (from the date noticeis given by the Clerk) in which to file any objections. If no objections are filed within the 14day period, the Clerk of Court will tax the appropriate costs. If objections are timely filed,the matter will be reviewed and resolved by the presiding judge.
Page 2 of 9remainder of the taxable costs sought by Defendants are improper and non-taxable.In their Reply, Defendants concede that some of the objections raised by Plaintiff have merit and thus, in an effort “to avoid unnecessary disputes,” reduces its request for an award of costs by $20,642.55, thereby amending the total amount sought to be taxed as $59,983.26. Acknowledging Plaintiff’s agreement to amend the amount sought, the Court will only address those costs which remain in dispute.Taxable costs are allowed pursuant to
28 U.S.C. § 1920
.
1
In this case,the Court will also follow the guidance provided by its own Local Civil Rule 54.2regarding taxation of costs (“Civ. L. R. 54.2").
2
However, it is within the district 
 
Page 3 of 9court’s discretion to determine which costs Defendants seek fall within the ambit specifically recognized by law and whether these claimed expenses are alsoreasonable, given the circumstances.
See State of Ill. v. Sangamo ConstructionCo.
, 657 F.2d 855, 863-64 (7th Cir. 1981)
. A separate analysis will be conductedof each category of Defendants’ claimed costs to determine whether they are properly taxable and if so, in what amount.Originally, Defendants sought an award for the following costs (Doc.183):
Court reporter/transcript fees$67,599.69Witness fees$ 440.00Exemplification/copying fees$ 8,100.00Other costs $ 4,486.12 Total Costs$80,625.81
Defendants have now amended their request to seek an award for thefollowing costs (Doc. 186):
Court reporter/transcript fees$47,431.53Witness fees$ 440.00Exemplification/copying fees$ 8,100.00Other costs $ 4,011.73 Total Costs$59,983.26

Activity (3)

You've already reviewed this. Edit your review.
1 hundred reads
1 thousand reads
Barbara McDonald liked this

You're Reading a Free Preview

Download
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->