United States District Court, M.D. Florida, Tampa Division
S. MOODY, JR., UNITED STATES DISTRICT JUDGE
CAUSE comes before the Court upon Defendant's Motion to
Tax Costs (Doc. 55) and Plaintiff's Response in
Opposition (Doc. 64). The Court granted summary judgment in
favor of Defendant and dismissed Plaintiff's case on
April 19, 2017. Defendant now seeks to recover its taxable
costs. Upon review, the Court will partially grant
Defendant's Entitlement to Costs
should award prevailing parties their costs. Fed.R.Civ.P.
54(d)(1). However, courts may only tax costs authorized by
statute. U.S. E.E.O.C. v. W&O, Inc., 213 F.3d
600, 620 (11th Cir. 2000). Courts may tax costs enumerated in
28 U.S.C. § 1920, including fees for service, witnesses,
and transcripts necessarily obtained for use in the case. 28
U.S.C. § 1920; U.S. E.E.O.C., 213 F.3d at 620.
The party seeking an award of costs must submit a request
that enables the court to determine the party's
entitlement to those costs. See Fodor v.
D'Isernia, 599 F.App'x 375, 376 (11th Cir.),
cert. denied sub nom. Fodor v. E. Shipbuilding
Grp., 136 S.Ct. 146 (2015); Loranger v.
Stierheim, 10 F.3d 776, 784 (11th Cir. 1994). A
party's failure to provide sufficient detail or
documentation regarding the costs can be grounds to deny the
costs. Pelc v. Nowak, No. 8:11-CV-79-T-17TGW, 2013
WL 3771233, at *5 (M.D. Fla. July 17, 2013),
aff'd, 596 F.App'x 768 (11th Cir. 2015).
case, Defendant seeks to recover $5, 802.15 in fees for (1)
removal, (2) service, (3) deposition transcripts, (4)
witnesses, and (5) a copy of Plaintiff's state court
pleadings. Defendant has not demonstrated that it is entitled
to the full amount requested. As discussed further below, the
Court will award Defendant $5, 382.15 in costs.
prevailing party can recover “fees of the clerk,
” including any filing fees paid. 28 U.S.C. §
1920(1); Wiercioch v. Verizon Florida, LLC, No.
8:11-CV-2129-T-30EAJ, 2013 WL 1442060, at *1 (M.D. Fla. Apr.
9, 2013) (removal fees “unquestionably covered by
§ 1920”). Defendant requests $400 in costs for the
filing fee it paid to remove this action from state court to
federal court. (Doc. 55-1, pgs. 2, 4.) Defendant is entitled
to recover the $400 requested.
Fees for Service of Subpoenas
prevailing party can recover the costs it incurred using a
private process server to serve subpoenas, but those costs
cannot exceed the amount authorized by 28 U.S.C. § 1921.
28 U.S.C. § 1920(1); U.S. E.E.O.C., 213 F.3d at
623-24. Pursuant to that statute and its implementing
regulations, process servers shall be paid $65 per hour, plus
travel costs and any other out-of-pocket expenses. 28 U.S.C.
§ 1921; 28 C.F.R. § 0.114(a)(3).
requests $343 in costs for serving seven subpoenas. (Doc.
55-1, pgs. 2, 5-11.) Defendant utilized private process
servers, who charged $49 per subpoena. Defendant is entitled
to recover the $343 requested.
Fees for Deposition Transcripts
prevailing party can recover costs incurred obtaining
deposition transcripts if they were “necessarily
obtained for use in the case.” 28 U.S.C. §
1920(2); U.S. E.E.O.C., 213 F.3d at 620-21. A
party's use of the deposition in a dispositive motion or
inclusion of the deponent in its witness list tends to show
that the deposition was necessarily obtained for use in the
case. See id. at 621. However, even when the
prevailing party did not ultimately use the deposition, a
court may still award it the cost as long as “no
evidence shows that the deposition was unrelated to an issue
in the case at the time it was taken.” Watson v.
Lake Cty., 492 F.App'x 991, 996-97 (11th Cir. 2012).
costs incurred for the party's convenience-as opposed to
necessity- are not recoverable. U.S. E.E.O.C., 213
F.3d at 620. Charges for condensed transcripts, summaries,
scanning, and CD litigation packages are typically not
recoverable because they are costs incurred for the
party's convenience. E.g., Wiand v. Wells Fargo Bank,
N.A., No. 8:12-CV-557-T-27EAJ, 2015 WL 12839237, at
*9-11 (M.D. Fla. June 10, 2015), report and
recommendation adopted, No. 8:12-CV-557-T-27EAJ, 2016 WL
355490 (M.D. Fla. Jan. 29, 2016) (internal citations
omitted). In addition, charges for shipping and handling are
not recoverable. Watson, 492 F.App'x 991 at 997.
requests $4, 870.15 for the cost of transcribing nine
depositions, which includes the court reporter's
attendance fee. (Doc. 55-1, pgs. 2, 12-20.) Defendant has
demonstrated that each deposition was necessarily obtained
for use in the case. The Parties identified each of the
deponents as a person with knowledge of the claims or
defenses in this action and/or as a possible witness at
trial. In addition, Defendant used many of the deposition
transcripts in presenting its case. For example, Defendant
cited to five of the deposition transcripts in ...