Romero v. CSX Transportation, Inc.

270 F.R.D. 199, 2010 U.S. Dist. LEXIS 65199, 2010 WL 2634312
CourtDistrict Court, D. New Jersey
DecidedJune 29, 2010
DocketCivil Action No. 06-1783 (SRC)
StatusPublished
Cited by8 cases

This text of 270 F.R.D. 199 (Romero v. CSX Transportation, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Romero v. CSX Transportation, Inc., 270 F.R.D. 199, 2010 U.S. Dist. LEXIS 65199, 2010 WL 2634312 (D.N.J. 2010).

Opinion

OPINION & ORDER

CHESLER, District Judge.

This matter comes before the Court on the submission of Plaintiff Eric Romero’s bill of costs pursuant to Federal Rule of Civil Procedure 54 and District of New Jersey Local Civil Rule 54.1 [docket entry 166]. This Court entered Judgment in Plaintiffs favor on February 23, 2010, following the trial of this matter to a jury on the matter of damages.1 The Judgment awarded Plaintiff costs. Defendant CSX Transportation, Inc. has submitted a response to Plaintiffs bill of costs, objecting to certain costs and expenses for which Plaintiff seeks to recover on the grounds that governing statutory authority and caselaw do not support shifting the costs to Defendant.

Federal Rule of Civil Procedure 54 provides that “costs ... should be allowed to the prevailing party.” Fed.R.Civ.P. 54(d)(1). Under the rule, the district court is authorized to reimburse only for those costs enumerated in 28 U.S.C. § 1920. Reger v. The Nemours Foundation, Inc., 599 F.3d 285, 288 (3d Cir.2010). In relevant part, the statute lists the following items of taxable costs:

(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title ...

28 U.S.C. § 1920. Courts in this district have generally placed the burden on the prevailing party to show that particular costs [202]*202should be taxed. Thabault v. Chait, No. 85-2441(HAA), 2009 WL 69332, at *2, *9 (D.N.J. Jan. 7, 2009). The Third Circuit has held that “there is a ‘strong presumption’ that costs are to be awarded to the prevailing party.” Reger, 599 F.3d at 288 (citing In re Paoli R.R. Yard PCB Litig., 221 F.3d 449, 462 (3d Cir.2000)). Where the prevailing party demonstrates that a cost is taxable under section 1920, the Court should generally grant the application unless the losing party introduces evidence showing why the cost should be reduced or denied. Id. at 288-89. Moreover, while the district court need not write an opinion explaining the basis for allowing the taxation of costs, it must articulate its reasons for denying or reducing costs to the prevailing party. Id. at 288-89. Still, even with the prevailing party’s benefit of a presumption in its favor, the Third Circuit has observed that because a district court’s discretion to shift costs is constrained by statute, the costs to which a prevailing party is entitled under Federal Rule of Civil Procedure 54 “often fall short of the party’s actual litigation expenses.” In re Paoli, 221 F.3d at 458.

The parties have broken down the costs at issue into five categories, and the Court will address each category in turn.

1. Deposition Costs

Plaintiff seeks the amount of $6,513.95 in expenses incurred to obtain deposition transcripts. Defendant objects on the grounds that it is improper to tax the cost of every transcript of every deposition taken in the case, regardless of whether it was used at trial.

Local Civil Rule 54.1(g)(7) states in relevant part:

In taxing costs, the Clerk shall allow all or part of the fees and charges incurred in the taking and transcribing of depositions used at the trial under Fed.R.Civ.P. 32. Fees and charges for the taking and transcribing of any other deposition shall not be taxed as costs unless the Court otherwise orders.

L.Civ.R. 54.1(g)(7) (emphasis added).

In support of the deposition costs it seeks to tax against Defendant, Plaintiff attaches to counsel’s declaration various invoices generated by deposition service providers in connection with the depositions of 16 individuals, including the Plaintiff himself. Plaintiff fails to explain in his motion papers, however, in what way each of these deposition transcripts were used at trial within the meaning of Federal Rule of Civil Procedure 32, for example, to impeach a witness or conduct cross-examination. The Court also notes that Plaintiff fails to demonstrate, alternatively, that the transcripts were used in support of Plaintiffs cross-motion for partial summary judgment on liability, on which Plaintiff prevailed. See Fitchett v. Stroehmann Bakeries, Inc., No. Civ. A. 95-284, 1996 WL 47977, at *4 (E.D.Pa. Feb. 5, 1996) (holding that “[depositions used in support of a motion for summary judgment are necessarily obtained for use in a case”). Deposition transcripts which merely provide useful background information, but are not necessary for use in the prosecution of Plaintiffs claims, are not within the list of items which may be taxed as costs under 28 U.S.C. § 1920. “Costs for depositions obtained for the convenience of counsel or for investigatory or discovery purposes, which are not used or intended for use at trial, may not be taxed.” Adams v. Teamsters Local 115, 678 F.Supp.2d 314, 326 (E.D.Pa.2 007).

Though there is a presumption in favor of granting costs to a prevailing party, Plaintiffs instant application does not provide sufficient information to carry its burden of demonstrating that the deposition transcript costs it seeks fall within the ambit of section 1920. Plaintiff has provided the Court with no information upon which the Court may differentiate between those depositions which were taken merely for investigatory purposes and those which appeared to Plaintiff to be necessary for use in the case. The Supreme Court has held that a court may not grant costs unless such cost shifting is authorized by section 1920 or other statutory authority. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 444-45, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987); Merck Sharp & Dohme Pharms., SRL v. Teva Pharms. USA Inc., No. 07-1596(GEB), 2010 WL 1381413, at *2 (D.N.J. Mar. 31, 2010). In light of this limi[203]*203tation on its authority, this Court may not, without additional information, order the entire amount of deposition transcripts costs sought by Plaintiff to be taxed pursuant to 28 U.S.C.

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270 F.R.D. 199, 2010 U.S. Dist. LEXIS 65199, 2010 WL 2634312, Counsel Stack Legal Research, https://law.counselstack.com/opinion/romero-v-csx-transportation-inc-njd-2010.