Azar v. City of Chamblee, GA

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

JOHNATHAN A. AZAR, Plaintiff, Civil Action No. v. 1:21-cv-04655-SDG CITY OF CHAMBLEE, GA, Defendant.

OPINION & ORDER This matter is before the Court, on Defendant City of Chamblee, GA’s Corrected Bill of Costs [ECF 111]. The Bill of Costs is APPROVED. On March 31, 2023, the Court entered an order adopting in its entirety United States Magistrate Judge Regina D. Cannon’s Report and Recommendation (R&R) that Chamblee’s Motion for Summary Judgment be granted. Following summary judgment, Chamblee, as the prevailing party, filed a corrected Bill of Costs (superseding previous versions) on May 5, 2023.1 Chamblee requests $4,097.09, comprised of $3,965.35 in costs for deposition transcripts and recordings and $131.74 in copying costs.2

1 ECF 111. 2 Id. As the prevailing party, Chamblee is entitled to litigation costs, other than attorneys’ fees, pursuant to Federal Rule of Civil Procedure 54(d)(1). The Court has “discretion to decide otherwise.” Chapman v. AI Transp., 229 F.3d 1012, 1038 (11th Cir. 2000) (en banc), but this discretion is not unfettered. Id. at 1039. Denying an award of costs to the prevailing party is considered a penalty, and the Court must “have and state a sound basis for doing so.” Id. The Court has no basis to deny Chamblee costs; the Court has reviewed the corrected Bill of Costs and finds the requested costs reasonable. See 28 U.S.C.A. § 1920(2)-(4). The corrected Bill of Costs [ECF 111] is APPROVED. The Clerk is DIRECTED to tax costs against Azar in the amount of $4,097.09. SO ORDERED this 21st day of July, 2023. SL Steven D.Grimberg United States District Court Judge