Roberts v. Charter National Life Insurance

112 F.R.D. 411, 7 Fed. R. Serv. 3d 962
CourtDistrict Court, S.D. Florida
DecidedOctober 17, 1986
DocketNo. 84-297-Civ.
StatusPublished
Cited by12 cases

This text of 112 F.R.D. 411 (Roberts v. Charter National Life Insurance) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roberts v. Charter National Life Insurance, 112 F.R.D. 411, 7 Fed. R. Serv. 3d 962 (S.D. Fla. 1986).

Opinion

ORDER GRANTING PLAINTIFF’S MOTION TO TAX COSTS

JAMES LAWRENCE KING, Chief Judge.

This cause is before the Court upon the plaintiff’s, James E. Roberts (“Roberts”), motion to tax costs against the defendant Charter National Life Insurance Company (“Charter National”).

In his list of taxable costs, ROBERTS seeks reimbursement for the following categories of costs:

1) expert witness fees,
2) photocopies,
3) deposition, hearing, and trial transcripts,
4) computer legal research,
5) expenses for out-of-state witnesses traveling to Miami, and
6) miscellaneous costs.

On September 3, 1986, this Court held a hearing on Roberts’ motions for equitable relief and to tax costs. This Court allowed [412]*412categories 3, 5, and 6 of the motion to tax costs, took under advisement categories 1 and 4, and encouraged the parties to reach a settlement as to category 2.

Except when expressly provided for by statute, the court may, in its discretion, award costs to the prevailing party. Fed. R.Civ.P. 54(d). Roberts urges this Court to supplement the applicable statutory provision through the use of its equity powers. Such supplementation, however, should only be done sparingly or in exceptional circumstances. See Farmer v. Arabian Am. Oil Co., 379 U.S. 227, 85 S.Ct. 411, 13 L.Ed.2d 248 (1964); Kaiser Indus. Corp. v. McLough Steel Corp., 50 F.R.D. 5 (E.D.Mich.1970). When costs are sought for items not specifically provided for by statute, the application should be submitted to the court prior to trial. Studiengesellschaft Kohle v. Eastman Kodak Co., 713 F.2d 128 (5th Cir.1983).

Title 28 U.S.C. § 1920 expressly provides that the following items may be taxed as costs:

1) Fees of the clerk and marshall;
2) Fees of the court reporter for all or any 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 section 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.

Category 1: Expert Witness Fees

Roberts argues that this Court has equitable discretion to award expert witness fees to a prevailing party as costs when the expert’s testimony is indispensible to a determination of the case. Worley v. Massey-Ferguson, Inc., 79 F.R.D. 534, 540 (N.D.Miss.1978). While admitting that the Eleventh Circuit prohibits the taxation of expert witness fees under 28 U.S.C. § 1821, Roberts attempts to distinguish the taxation of fees in this case as being pursuant to 28 U.S.C. § 1920. It is uneontroverted, however, that § 1821 governs the amount payable as witness fees. J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 54.77[5.-l] (2d ed. 1986); State of Ill. v. Sangamo Const. Co., 657 F.2d 855 (7th Cir.1981).

Although Roberts is correct in citing Jones v. Diamond, 636 F.2d 1364 (5th Cir.1981) for the proposition that expert witness fees may be awarded in civil rights cases, his assertion that “[t]his does not preclude an award in other types of cases” ignores the general rule and the limited exception for civil rights cases set forth in Jones v. Diamond. As the Eleventh Circuit has repeatedly made clear, “expert witness fees cannot be assessed in excess of witness fees provided in § 1821.” Kivi v. Nationwide Mutual Insurance Company, 695 F.2d 1285,1289 (11th Cir.1983); Loughan v. Firestone Tire & Rubber Company, 749 F.2d 1519 (11th Cir.1985).

In Loughan, a tire mechanic brought an unsuccessful products liability diversity action against a tire manufacturer to recover for his injuries sustained while mounting a multipiece rim-wheel assembly. Affirming this Court’s denial of the manufacturer’s request for $34,579.61 in expert witness fees, the Eleventh Circuit relied on Kivi and found the request to be without merit. Id. at 1526. Roberts’ assertion that the district court has discretion to go beyond the statutory per diem limitations in the exercise of its equity powers and to award expert witness fees is without merit.

Category f Computer Legal Research

In support of his proposition that computerized legal research may be taxed as costs, Roberts cites1 Wehr v. Burroughs [413]*413Corporation, 619 F.2d 267 (3d Cir.1980); Pitchford Scientific Instruments Corporation v. Pepi, Inc., 440 F.Supp. 1175 (W.D.Pa.1977), aff'd mem., 582 F.2d 1275 (3d Cir.1978), cert. denied, 440 U.S. 981, 99 S.Ct. 1790, 60 L.Ed.2d 242 (1979); and O’Donnell v. Georgia Osteopathic Hospital, Inc., 99 F.R.D. 578 (N.D.Ga.1983). This Court agrees with Circuit Judge Aldisert’s statement in Wehr that “[u]se of computer-aided legal research such as LEXIS, or WESTLAW, or similar systems, is certainly reasonable, if not essential, in contemporary legal practice.” Wehr, 619 F.2d at 285. The question in this ease, however, is whether $6,383.56 in LEXIS fees is properly taxable as costs under 28 U.S.C. § 1920.

“Computer research is generally treated as a lawyer’s cost and not taxable as ordinary costs, though it may be allowed in cases in which a prevailing party is entitled to attorney’s fees or full costs.” J. Moore, W. Taggart & J. Wicker, Moore’s Federal Practice ¶ 54.77[8] (2d ed. 1986) (footnotes omitted). The cases which Roberts cites clearly fall within the latter type of cases. Additionally, several courts in this latter type of case have held that computerized legal research fees are a component of attorney’s fees rather than costs. See Leftwich v. Harris-Stowe State College,

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Bluebook (online)
112 F.R.D. 411, 7 Fed. R. Serv. 3d 962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-charter-national-life-insurance-flsd-1986.