Scallet v. Rosenblum

176 F.R.D. 522, 1997 WL 728776
CourtDistrict Court, W.D. Virginia
DecidedOctober 31, 1997
DocketCiv. A. No. 94-00016-C
StatusPublished
Cited by12 cases

This text of 176 F.R.D. 522 (Scallet v. Rosenblum) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scallet v. Rosenblum, 176 F.R.D. 522, 1997 WL 728776 (W.D. Va. 1997).

Opinion

MICHAEL, Jr., Senior District Judge.

AMENDED MEMORANDUM OPINION

Defendants have filed a motion for attorney’s fees pursuant to Fed.R.Civ.P. 54(d) and Fourth Circuit Rule 39(c).

The allowance of certain costs in litigation is both an historic and a statutory animal. The taxation of costs for the prevailing party “is part of the historic equity jurisdiction of the federal courts. The suits ‘in equity’ of which these courts were given ‘cognizance’ ever since the First Judiciary Act, 1 Stat. 73, constituted that body of remedies, procedures and practices which theretofore had been evolved in the English Court of Chancery, subject, of course, to modifications by Congress.” Sprague v. Ticonic Nat’l. Bank, 307 U.S. 161, 164-65, 59 S.Ct. 777, 779, 83 L.Ed. 1184 (1939) (citations omitted).

The de facto merger of suits at law with causes in chancery by the adoption of the “one cause of action” of the Federal Rules of Civil Procedure makes problematic the application of the principles of the pre1936 cases in equity to current causes of action. However, as a statutory matter, Fed. R.Civ.P. 54(d) directs that “costs shall be allowed as of course to the prevailing party unless the court otherwise directs.” Absent special circumstances, the prevailing party is entitled to costs. In the current action, defendants were the prevailing party. Plaintiff objects that costs should not be allowed because the Darden School of the University of Virginia reimbursed defendants for the costs of defending the current action. Plaintiff cites United States v. Orenic, 110 F.R.D. 584 (W.D.Va.1986) in support of this proposition. However, the court finds that the plaintiff has misinterpreted Orenic: that case requires that expenses actually be incurred to be taxed; however, that case does not require the court to trace the original source of funds for the costs. The court finds that defendants, having prevailed in this action, are entitled to costs under Fed.R.Civ.P. 54(d).

■ [3] Section 1920 of Title 28 “enumerates expenses that a federal court may tax as a cost under the discretionary authority found in Rule 54(d).” Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441^2,107 S.Ct. 2494, 2497-98, 96 L.Ed.2d 385 (1987). Those allowable costs are:

(1) Fees of the clerk and marshal; (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; [and] (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.

28 U.S.C. § 1920 (West 1997). Being listed in section 1920 is a prerequisite for an award of costs. West Virginia Hosps. v. Casey, 499 U.S. 83, 86, 111 S.Ct. 1138, 1140-41, 113 L.Ed.2d 68 (1991). Under Crawford Fitting, [525]*525supra, the federal court may award only those items listed. However, the award of the listed items is not mandatory, but discretionary. 482 U.S. at 441-42, 107 S.Ct. at 2497-98 (1987); See West Virginia Hosps. v. Casey, 499 U.S. 83, 86, 111 S.Ct. 1138, 1140-41, 113 L.Ed.2d 68 (1991).

Because the situations in which costs may arise in litigating and the costs themselves are so diverse, rigid rules are not possible in the area of cost taxation. Newman v. A.E. Staley Manuf. Co., 648 F.2d 330, 337 (5th Cir.1981). The lack of rigid rules and the practice’s origin in equity both require that district courts have wide discretion in awarding costs. Koppinger v. Cullen-Schiltz & Assocs., 513 F.2d 901, 911 (8th Cir.1975); McIlveen v. Stone Container Corp., 910 F.2d 1581, 1583-84 (7th Cir.1990). However, the discretion of the court is not unfettered. Jop v. City of Hampton, Virginia, 163 F.R.D. 486, 488 (E.D.Va.1995); Marcoin, Inc. v. Edwin K. Williams & Co., Inc., 88 F.R.D. 588, 589 (E.D.Va.1980); P.D.Q., Inc. v. Nissan Motor Corp., 577 F.2d 910, 917 (5th Cir.1978). As the Supreme Court explained, Fed.R.Civ.P. 54(d) does not give the “district judge unrestrained discretion to tax costs to reimburse a winning litigant for every expense he has seen fit to incur in the conduct of the case.” Farmer v. Arabian Am. Oil Co., 379 U.S. 227, 85 S.Ct. 411, 13 L.Ed.2d 248 (1964); Herold v. Hajoca Corp., 864 F.2d 317, 322 (4th Cir.1988); Studiengesellschaft v. Eastman Kodak, 713 F.2d 128 (5th Cir.1983). The district court is required to state the reasons for allowing or disallowing items of costs requested by the prevailing party. McIlveen, 910 F.2d at 1583.

In order to recover costs a party is required to provide explanation and adequate supporting documentation for the bill of costs. Wahl v. Carrier, 511 F.2d 209, 216 (7th Cir.1975). As the Eighth Circuit Court of Appeals has stated, “The bill of costs proposed by a winning party should always be given careful scrutiny.” Koppinger, supra, 513 F.2d at 910. This court has carefully reviewed the bill of costs and the supplemental bill of costs submitted by the defendants in this action, as well as the various opposing and supporting memoranda springing from the bill of costs.

The defendants seek costs in the amount of $13,774.90,1 which costs are broken down in the table below. The court will deal with the requested costs individually except where it has grouped certain costs requiring the same analysis. The award of costs is also indicated in the attached table. See Appendix A

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Bluebook (online)
176 F.R.D. 522, 1997 WL 728776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scallet-v-rosenblum-vawd-1997.