Tirapelli v. Advanced Equities, Inc.

222 F. Supp. 2d 1081, 2002 U.S. Dist. LEXIS 20393, 2002 WL 31385980
District Court, N.D. Illinois·Decided October 22, 2002·No. 01 C 3342·Published·Cited by 2 cases

Opinion

MEMORANDUM OPINION AND ORDER

ALESIA, District Judge.

On August 20, 2002, this court granted defendants’ motion for summary judgment and entered final judgment in favor of defendants. Tirapelli v. Advanced Equities, 215 F.Supp.2d 964 (N.D.Ill.2002). Currently before the court are: (1) a bill of costs filed by defendants Lee Wiskowski, Communications Infrastructure Development Corporation, and Telecom Capital Group, LLC and (2) a bill of costs filed by defendants Jack Pressman and Optimal-path Digital Network, Incorporated. For the reasons set forth below, the court: (1) grants in part and denies in part the bill of costs filed by defendants Lee Wiskowski, Communications Infrastructure Develop *1083 ment Corporation, and Telecom Capital Group, LLC and (2) grants in part and denies in part the bill of costs filed by defendants Jack Pressman and Optimal-path Digital Network, Incorporated.

I. DISCUSSION

A. Background

Rule 54(d) of the Federal Rules of Civil Procedure sets forth the general rule that costs other than attorneys’ fees “shall be allowed as of course to the prevailing party,” except as otherwise provided by statute or in the rules. Payne v. Milwaukee County, 288 F.3d 1021, 1027 (7th Cir.2002) (quoting FED. R. CIV. P. 54(d)). The proper measure of those costs is set forth in 28 U.S.C. § 1920 (“ § 1920”). Tidemann v. Nadler Golf Car Sales, Inc., 224 F.3d 719, 726 (7th Cir.2000). The costs explicitly allowed by § 1920 are: (1) the fees of the clerk and marshal; (2) fees for court reporters and transcripts; (3) fees for printing and witnesses; (4) fees for copies of papers necessarily obtained for use in the case; (5) docket fees; and (6) compensation of court-appointed experts and interpreters. § 1920. There is a heavy presumption in favor of awarding costs to the prevailing party. Majeske v. City of Chicago, 218 F.3d 816, 824 (7th Cir.2000). Taxing costs against a losing party requires two inquiries: (1) whether the cost imposed upon the losing party is recoverable, and (2) if so, whether the amount assessed for that item was reasonable. Id.

Two groups of defendants have filed bills of costs with the court. One was filed by defendants Lee Wiskowski (“Wiskow-ski”), Communications Infrastructure Development Corporation (“CIDC”), and Telecom Capital Group, LLC (“TCG”) (collectively, the “TCG Defendants”). 1 The second was filed by defendants Jack Pressman (“Pressman”) and Optimalpath Digital Network, Incorporated (“Optimalpath”) (collectively, the “Pressman Defendants”). Plaintiffs Ronald Tirapelli (“Tirapelli”) and Michael Webb (“Webb”) (collectively, “plaintiffs”) have filed an objection to defendants’ bills of costs. Plaintiffs raise two arguments in their brief. First, they argue that the court should not allow defendants to recover costs. Second, plaintiffs argue that, if the court allows defendants to recover costs, it should reduce the amount that defendants have requested. First, the court will address the question of whether defendants are entitled to costs in this case. Second, the court will consider the amount of costs to which the TCG Defendants are entitled. Third, the court will review the amount of costs to which the Pressman Defendants are entitled.

B. The Court Will Award Costs in this Case

Plaintiffs argue that the court should not award costs to defendants in this case because the court granted summary judgment only as to Count I of plaintiffs’ complaint. According to plaintiffs’ arguments, because the court’s August 20 order granted summary judgment only as to one of plaintiffs’ claims, defendants did not prevail in the case and, therefore, are not entitled to recover costs.

The Seventh Circuit has held that when a court grants a defendant summary judgment on the plaintiffs federal claims and dismisses the state law claims for lack of subject matter jurisdiction, the defendant is a prevailing party and, therefore, entitled to costs. Ogborn v. United Food *1084 & Comm’l Workers, 305 F.3d 763, 769 (7th Cir.2002). Therefore, the court will award defendants costs in this case. The court must now determine whether the amount of costs sought by defendants is reasonable.

C. Costs Claimed by the TCG Defendants

In their bill of costs, the TCG Defendants seek recovery of the following: (1) $2,492.35 in deposition transcript costs; (2) $2,903.75 in photocopying costs; and (3) $20.00 in docket fees. Plaintiffs raise two arguments that challenge this bill of costs. First, they claim that the costs claimed by defendants for producing deposition transcripts are excessive. Second, they argue that the costs requested for photocopying are unreasonable. The court will address each of plaintiffs’ arguments in turn.

1. Transcript costs

Plaintiffs challenge the per page rates that the TCG Defendants have charged for the original and copies of depositions in this case. The court will first review the rates that the TCG Defendants have charged for original deposition transcripts. Second, the court will review the TCG Defendants’ rates for copies of deposition transcripts.

First, according to Local Rule 54.1(b), “the costs of the transcript or deposition shall not exceed the regular copy rate as established by the Judicial Conference of the United States and in effect at the time the transcript or deposition was filed unless some other rate was previously provided for by order of court.” Loe. R. 54.1(b). The Judicial Conference rate allowed for original deposition transcripts is $3.00 per page. VI. Judicial Conferenoe Of The United States Guide To Judiciary PoliCies AND Procedures, Court Reporters Manual, ch. 20, pt. 20.3 (1998) (“COURT Reporters Manual”). This fee covers all costs of transcript production. Id. at pt. 20.8. See also Cengr v. Fusibond Piping Sys., Inc., 135 F.3d 445, 456 (7th Cir.1998) (summarizing the Judicial Conference rates applicable to various types of transcripts).

The TCG Defendants seek deposition costs of $3.15 per page for a transcript of Webb’s deposition, and $2.85 per page for a transcript of Tirapelli’s deposition. 2 Because the rate for the deposition of Webb exceeds the Judicial Conference rate, the court will reduce costs for that deposition by $0.15 per page to $3.00 per page.

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Tirapelli v. Advanced Equities, Inc., 222 F. Supp. 2d 1081, 2002 U.S. Dist. LEXIS 20393, 2002 WL 31385980 (N.D. Ill. 2002).

222 F. Supp. 2d 1081 (Tirapelli v. Advanced Equities, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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