Consumer Fin. Prot. Bureau v. Weltman, Weinberg & Reis, Co., L.P.A.

342 F. Supp. 3d 766
CourtDistrict Court, N.D. Ohio
DecidedOctober 19, 2018
DocketCase No. 1:17 CV 817
StatusPublished
Cited by4 cases

This text of 342 F. Supp. 3d 766 (Consumer Fin. Prot. Bureau v. Weltman, Weinberg & Reis, Co., L.P.A.) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consumer Fin. Prot. Bureau v. Weltman, Weinberg & Reis, Co., L.P.A., 342 F. Supp. 3d 766 (N.D. Ohio 2018).

Opinion

Judge Donald C. Nugent, UNITED STATES DISTRICT JUDGE

This matter is before the Court on Defendant, Weltman, Weinberg & Reis, Co., L.P.A.'s ("Weltman") Bill of Costs submitted pursuant to Fed. R. Civ. P. 54(d)(1)

*768and 28 U.S.C. § 1920, et. seq. , and supported by the declaration of Ryan A. Doringo, attesting that these expenses "are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. 28 U.S.C. § 1924. (ECF # 90).1

LEGAL STANDARD

Rule 54(d)(1) of the Federal Rules of Civil Procedure provides that "costs other than attorneys' fees shall be allowed as of course to the prevailing party unless the court otherwise directs." FED. R. CIV. P. 54(d)(1). "This language creates a presumption in favor of awarding costs, but allows denial of costs at the discretion of the trial court." Soberay Mach. & Equipment Co. v. MRF Ltd., Inc. , 181 F.3d 759, 770 (6th Cir. 1999) (quoting White & White, Inc. v. American Hospital Supply Corp. , 786 F.2d 728, 730 (6th Cir. 1986) ).

28 U.S.C. § 1920 sets forth the expenses that may be taxed as costs:

(1) Fees of the clerk and marshal;
(2) Fees of the court reporter for all or part of the stenographic transcript necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;
(5) Docket fees under 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 title.

The above-captioned, case was decided in favor of the Defendant, following a bench trial with an advisory jury. (ECF # 987, 88). Defendant now seeks $7,392.25 in fees for printed or electronically recorded transcripts necessarily obtained for use in this case, and $59,986.83 in fees for exemplification and the costs of making copies of materials where the copies were necessarily obtained for use in the case. The total of all costs sought equals $67,379.08. Plaintiff challenges Defendant's request for several categories of expenses included within the submitted Bill of Costs. They argue that Defendant has submitted only $6,347.63 in reimbursable costs.

The Sixth Circuit recognizes "a presumption in favor of awarding costs" under Rule 54(d) and Section 1920. Soberay Mach. & Equipment Co. v. MRF Ltd., Inc. , 181 F.3d 759, 770 (6th Cir. 1999). The presumption, however, only applies to those costs authorized under 28 U.S.C. § 1920. See , Crawford Fitting Co. v. J.T. Gibbons, Inc. , 482 U.S. 437, 445, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987) ; Colosi v. Jones Lang LaSalle Americas, Inc. , 781 F.3d 293, 295 (6th Cir. 2015). Where costs are allowed, the "Court must exercise discretion in assessing costs, only allowing for materials 'necessarily obtained for use in the case' ... and in an amount that is reasonable." Berryman v. Hofbauer , 161 F.R.D. 341, 344 (E.D. Mich. 1995). When considering an award of costs under Rule 54(d), the Supreme Court has cautioned that,

We do not read that Rule as giving district judges unrestrained discretion to *769tax costs to reimburse a winning litigant for every expense he has seen fit to incur in the conduct of his case. Items proposed by winning parties as costs should always be given careful scrutiny. Any other practice would be too great a movement in the direction of some systems of jurisprudence that are willing, if not indeed anxious, to allow litigation costs so high as to discourage litigants from bringing lawsuits, no matter how meritorious they might in good faith believe their claims to be.

Farmer v. Arabian Am. Oil Co. , 379 U.S. 227, 235, 85 S.Ct. 411, 13 L.Ed.2d 248 (U.S. 1964). Under careful scrutiny, a prevailing party may not recover as costs expenses that are not specifically authorized by 28 U.S.C. § 1920. See Crawford Fitting Co. v. J.T. Gibbons, Inc.

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342 F. Supp. 3d 766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consumer-fin-prot-bureau-v-weltman-weinberg-reis-co-lpa-ohnd-2018.