A.D. v. Deere & Co.

229 F.R.D. 189, 2004 U.S. Dist. LEXIS 28203, 2004 WL 3413123
CourtDistrict Court, D. New Mexico
DecidedOctober 21, 2004
DocketNo. CIV 03-0072 JB/LAM
StatusPublished
Cited by14 cases

This text of 229 F.R.D. 189 (A.D. v. Deere & Co.) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.D. v. Deere & Co., 229 F.R.D. 189, 2004 U.S. Dist. LEXIS 28203, 2004 WL 3413123 (D.N.M. 2004).

Opinion

MEMORANDUM OPINION AND ORDER

BROWNING, District Judge.

THIS MATTER comes before the Court on the Plaintiffs’ Application for Review of the Amended Clerk’s Order Setting Costs, filed June 25, 2004 (Doe. 169). The primary issue is whether it would be so inequitable to tax costs against the Plaintiffs, A.D. and Sue Richins and Sue Richins as next friend of Arthur Dloyd Richins, Jr., a minor (the “Richins”), that the Court should set aside the Clerk of the Court’s award in favor of the Defendants. Because the Richins have not shown that the Defendants’ alleged discovery abuses were so egregious, or that the Richins are so indigent, that the taxation of costs would be inequitable, the Court will deny the Richins’ motion.

PROCEDURAL BACKGROUND

The Richins had to file motions to compel against the Defendants for their alleged abuse of the discovery process and to seek additional hearings to force compliance with the Court’s rulings. Each time, the Honorable Lourdes A. Martinez, United States Magistrate Judge, required the Defendants to comply with the process.

On one occasion, Judge Martinez ordered and awarded sanctions of $5,500.00 against the Defendants for discovery abuse. See Order on Plaintiffs’ Motion to Compel, filed December 19, 2003 (Doc. 48). The Defendants objected to this order. See Objection to Order Granting Plaintiffs’ Motion to Compel, filed December 29, 2003 (Doc. 51). The Honorable Leslie C. Smith, United States Magistrate, deferred decision on the award of sanctions and of payment of this amount pending the ease’s final resolution and until the Court determined costs. See Order On Defendants’ Objection to Plaintiffs’ Motion to Compel, filed December 31, 2003 (Doc. 54). Thus, the Court has not set the exact amount. Moreover, the Richins have not moved for an award of these costs.1

Ultimately, the Defendants’ conduct relating to alleged discovery abuse and the destruction of documents caused the Plaintiffs to request a spoiliation instruction to the jury as a discovery sanction. After extensive argument, the Court denied the motion.

The three Defendant corporations prevailed after a jury trial. On May 4, 2004, the [192]*192Richins moved for a new trial. The Court orally ruled on the Richins’ motion for new trial at the hearing, indicating that it would deny the motion. The Court has not, however, issued an opinion or order reflecting its ruling.

The Defendants are thus the prevailing parties under rule 54 of the Federal Rules of Civil Procedure. As the prevailing parties, the Defendants moved for costs against the Plaintiffs. See Defendants’ Request For Court Clerk to Tax Defendants’ Cost Bill, filed May 3, 2004 (Doc. 161). The Plaintiffs responded. See Plaintiffs’ Response And Objection to Defendants’ Request For Court Clerk to Tax Defendants’ Cost Bill, filed May 19, 2004 (Doc. 163). The Defendants replied and withdrew certain cost requests. See Reply In Support of Defendants’ Request For Court Clerk to Tax Defendants’ Cost Bill, filed June 4, 2004 (Doc. 165).

The Clerk of the Court, on the Defendants’ motion, filed an Order setting costs. See Clerk’s Order Setting Costs, filed June 19, 2004 (Doc. 167). On June 22, 2004, the Clerk filed an Amended Order setting costs to correct the transposition of certain cost totals. See Amended Clerk’s Order Setting Costs (Doc. 168). The Clerk, in his Order, went through the requested costs, ultimately disallowing $22,392.46 of the requested costs and taxing only $8,132.72. See id.

The Richins represent that they currently have no earned income, and that they subsist on social security and worker’s compensation. The evidence in the case reflects that the Richins’ future medical expenses, not all of which worker’s compensation covers, will exceed $2 million. The Richins represent that they have “practically” no ability to adequately care for A.D. Richins and thus cannot pay the Defendants’ costs.

LAW ON AWARDS OF COSTS

A prevailing party may move for costs at any time after the Court enters judgment. See 10 James Wm. Moore et. ah, Moore’s Federal Procedure U 54.101[l][a], at 54-141 (3d ed.2004). Local rule 1-054(D)(4) requires the party recovering costs to file a cost bill within 15 days after the entry of final judgment. R. Civ. P. 1-054(D)(4). The presumption is that the court should award the prevailing party costs pursuant to rule 54. See Mein v. Grynberg, 44 F.3d 1497, 1506 (10th Cir.), cert. denied, 516 U.S. 810, 116 S.Ct. 58, 133 L.Ed.2d 22 (1995). Only a showing that an award would be inequitable under the circumstances can overcome the presumption in favor of awarding costs to the prevailing party. See Moore et. ah, supra ¶1 54.101[l][b], at 54-152.

Thus, although there is a presumption that a prevailing party is entitled to costs, there are circumstances in which it is considered inequitable to award costs to the prevailing party. See Sheets v. Yamaha Motor Corp. U.S.A, 891 F.2d 533, 539 (5th Cir.1990). The court may deny an award of costs because the prevailing party was obstructive, acted in bad faith during litigation and incurred unnecessary or unreasonably high costs. See id. at 539-40.

The Court may also reduce or deny an award of costs based upon a losing party’s ability to pay. See Cantrell v. International Brotherhood of Electrical Workers AFL-CIO Local 21, 69 F.3d 456, 459 (10th Cir.1995). The losing party, however, must show an inability to pay to overcome the presumption that the prevailing party is entitled to recover costs. See Corder v. Lucent Tech. Inc., 162 F.3d 924, 929 (7th Cir.1998). Such a showing can be made upon providing actual documentation of the inability to pay. See Chapman v. AI Transport, 229 F.3d 1012, 1038-39 (11th Cir.2000).

While indigency can serve as grounds, a party must show more than a drop in income. See Moore et. al, supra ¶54.101[l][b], at 54-155. Moreover, in this determination, the court should not consider the prevailing party’s relative wealth as compared to that of the losing party’s resources. See id. at 54-154.

ANALYSIS

As prevailing parties, the Defendants are entitled to recover their costs. The presumption is that the Court will award the Defendants their costs. The Richins, in challenging the Clerk’s Amended Order, bear the [193]*193burden of demonstrating that the Defendants should not recover claimed costs. See Sema v. Manzano, 616 F.2d 1165, 1167 (10th Cir. 1980); Moore et. al., supra ¶ 54.101[l][b], at 54-154.

The Richins may overcome this presumption only if they demonstrate that the Defendants cannot recover the claimed costs because to do so would be inequitable.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Eitel v. PNC Bank, NA
W.D. Kentucky, 2024
Bindner v. Traub
D. New Mexico, 2023
Hernandez v. Fitzgerald
D. New Mexico, 2019
Frye v. Baptist Memorial Hospital, Inc.
863 F. Supp. 2d 701 (W.D. Tennessee, 2012)
Ritchie v. United States
343 F. App'x 238 (Ninth Circuit, 2009)
Pulawa v. GTE Hawaiian Tel
143 P.3d 1205 (Hawaii Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
229 F.R.D. 189, 2004 U.S. Dist. LEXIS 28203, 2004 WL 3413123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ad-v-deere-co-nmd-2004.