Perry v. Metropolitan Suburban Bus Authority

236 F.R.D. 110, 2006 U.S. Dist. LEXIS 13144, 2006 WL 768708
CourtDistrict Court, E.D. New York
DecidedMarch 25, 2006
DocketNo. 03-CV-5388 (ADS)(JO)
StatusPublished
Cited by2 cases

This text of 236 F.R.D. 110 (Perry v. Metropolitan Suburban Bus Authority) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perry v. Metropolitan Suburban Bus Authority, 236 F.R.D. 110, 2006 U.S. Dist. LEXIS 13144, 2006 WL 768708 (E.D.N.Y. 2006).

Opinion

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This action arose out of claims by Sharon Fleming Perry (the “plaintiff’) that her former employer, the Metropolitan Suburban Bus Authority, also known as MTA Long Island Bus (“LI Bus”), wrongfully terminated her employment as a bus operator in violation of the Equal Protection and Due Process clauses of the Fourteenth Amendment to the United States Constitution, 42 U.S.C. § 1983 (“Section 1983”), and the New York State Human Rights Law (“NYSHRL”), N.Y. Exec. Law. § 296; and that it conspired with the Transport Workers Union, Local 252, AFL-CIO (“Local 252” or the “Union”) to deny her constitutional rights on the basis of her race in violation of 42 U.S.C. § 1985 (“Section 1985”). The plaintiff also alleged a cause of action under Section 1983 in that Local 252 violated the plaintiffs due process and equal protection rights.

On September 28, 2005, after the presentation of the entire case at trial, the Court granted the defendants’ motions pursuant to Rule 50 of the Federal Rules of Civil Procedure (“Fed. R. Civ.P.”) for judgment as a matter of law, and dismissed the complaint in its entirety. On October 28, 2005, the Clerk of the Court awarded statutory costs pursuant to 28 U.S.C. § 1920; Fed.R.Civ.P. 54(d)(1); and Local Rule 54.1 in the amount of (1) $968.26 for the defendant Local 252; and (2) $674.00 for the defendant LI Bus.

Presently before the Court are motions by the plaintiff pursuant to Fed.R.Civ.P. 54(d)(1) to set aside the taxation of costs as awarded by the Clerk of the Court. The defendant LI Bus has not filed any objection to the plaintiffs motion to set aside the costs-assessed against her in LI Bus’ favor. Accordingly, the plaintiffs motion to set aside the costs awarded to the defendant LI Bus is granted.

I. BACKGROUND

The facts of this case are fully set forth in the Court’s prior Memorandum of Decision and Order that determined the defendants’ post-trial Rule 50 motions. See Perry v. Metropolitan Suburban Bus Authority, 390 F.Supp.2d 251 (E.D.N.Y.2005). Familiarity with the allegations, facts, and defenses as set forth in that Decision and Order is presumed. In sum, the plaintiff is a Black female who claims that her ten-year employment with LI Bus was terminated based on racial discrimination.

The plaintiff commenced this action on October 27, 2003. After the presentation of the entire case before a jury, the Court granted the defendants motions pursuant to Fed.R.Civ.P. 50 for judgment as a matter of law. See Perry v. Metropolitan Suburban Bus Authority, 390 F.Supp.2d 251 (E.D.N.Y.2005). The Court determined that the plaintiff failed to establish the existence of a Section 1985 conspiracy between the Union and LI Bus; failed to establish the existence of any Section 1983 Equal Protection or Due Process violations by either defendant; and the plaintiff failed to support her claims of racial discrimination under Section 1981 and under the NYSHRL. Accordingly, the Court dismissed the complaint in its entirety.

On October 4, 2005, as the prevailing parties in this action, the defendants each submitted a bill of costs to the Clerk of the Court seeking reimbursement for certain monies spent in defending this action. Local 252 sought reimbursement for (1) service of a subpoena in the amount of $190.00; (2) witness fees in the amount of $104.26; and (3) production of the transcripts of the depositions of the plaintiff and a Dr. Lewis in the amounts of $400.00 and $855.00, respectively.

On October 11, 2005, the plaintiff filed objections to Local 252’s request for costs related to the production of transcripts of depositions on the ground that the depositions were not used primarily or extensively [112]*112for trial, but were used mainly as a discovery tool, for which taxation is not permitted.

Following a telephone conference on October 28, 2005, the Clerk of the Court assessed costs against the plaintiff in favor of Local 252 as follows: (1) costs for the depositions were reduced from $1,295.00 to $674.00; and (2) other costs were awarded in the amounts of (a) $190.00 for the service of summons and subpoenas; and (b) $104.26 for witnesses. On November 7, 2005, the plaintiff made the instant application to set aside the costs awarded to the defendants.

II. DISCUSSION

Section 1920 of title 28 of the United States Code provides, in part, that

A judge or clerk of any court of the United States may tax as costs the following: ... (2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case; [and] (5) Docket fees under section 1923 of this title.

28 U.S.C. § 1920. Under Fed.R.Civ.P. 54(d)(1), “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” Taxation of costs if left to the discretion of the Court, and may be overturned on appeal “only in the event of an abuse of discretion.” In re Air Crash Disaster at John F. Kennedy Int’l Airport, 687 F.2d 626, 629 (2d Cir.1982); Mid-Hudson Legal Services, Inc. v. G & U, Inc., 578 F.2d 34, 38 n. 3 (2d Cir.1978); see also Whitfield v. Scully, 241 F.3d 264, 270 (2d Cir.2001) (“Such an award is the norm, not the exception.”). Because such an award against the losing party is the normal rule in civil litigation, the plaintiff bears the burden of showing why the imposition of costs in this instance was improper. Whitfield, 241 F.3d at 270.

The plaintiff contends that the award of deposition-related costs should be set aside because (1) the Union did not rely extensively on the deposition testimony at trial; and (2) the Court did not consider the depositions in ruling on the defendants’ motions for summary judgment. Therefore, the plaintiff argues that the depositions were used primarily as non-taxable discovery tools. Also, the plaintiff argues that the entire award of costs should be set aside in the Court’s discretion because of the plaintiffs asserted indigence and her pursuit of the action in good faith.

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236 F.R.D. 110, 2006 U.S. Dist. LEXIS 13144, 2006 WL 768708, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-metropolitan-suburban-bus-authority-nyed-2006.