Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Towns v. The School Board of Lee County

United States District Court, M.D. Florida, Fort Myers Division

July 15, 2019

PRESTON TOWNS, Plaintiff,
v.
THE SCHOOL BOARD OF LEE COUNTY, FLORIDA, Defendant.

          REPORT AND RECOMMENDATION [1]

          MAC R. MCCOY, UNITED STATES MAGISTRATE JUDGE

         Pending before the Court is Defendant's Motion to Tax Costs and Incorporated Memorandum of Law, filed on June 25, 2019. (Doc. 114). The motion states that Plaintiff opposes the requested relief (see Id. at 4), but Plaintiff Preston Towns has not filed a timely response and the deadline by which to do so has lapsed, see M.D. Fla. R. 3.01(b). Defendant, the School Board of Lee County, Florida, moves this Court under Fed.R.Civ.P. 54, M.D. Fla. R. 4.18, and 28 U.S.C. § 1920 for an award of certain costs necessarily incurred by Defendant in this case. For the reasons below, the Undersigned respectfully RECOMMENDS that the requested relief be GRANTED.

         RELEVANT BACKGROUND

         Plaintiff, Preston Towns, initially brought this putative class action along with other Plaintiffs against their employer, Defendant Lee County School Board, alleging violations of Title VII of the Civil Rights Act of 1963, 42 U.S.C. § 2000e, the Florida Civil Rights Act of 1992, Fla. Stat. § 760.01 et seq., and violations of 42 U.S.C. §§ 1981 and 1983 for unlawful racial discrimination in promoting to and hiring for assistant principals positions. (SeeDoc. 1; Doc. 39). Plaintiff Towns alleged he was “demoted, ” and that Defendant failed to promote him, because of his race. (Doc. 39 at ¶¶ 51-75, Counts I-V). He sought injunctive relief, back pay, front pay, attorney's fees, costs, and compensatory damages, among other relief. (Id.).

         After an unsuccessful bid for class certification (seeDoc. 51), all of the named Plaintiffs eventually settled or resolved their individual claims, except for Preston Towns (seeDoc. 91). Plaintiff Towns' individual case proceeded to summary judgment and the presiding United States District Judge ultimately granted summary judgment in Defendant's favor on June 10, 2019. (Doc. 112). The Clerk of Court entered a Judgment in Defendant's favor on June 11, 2019. (Doc. 113). Fourteen days later, the Defendant timely filed the motion sub judice. (Doc. 114); seeM.D. Fla. R. 4.18 (“In accordance with Fed.R.Civ.P. 54, all claims for costs . . . preserved by appropriate pleading or pretrial stipulation shall be asserted by separate motion or petition filed not later than 14 days following the entry of judgment.”).

         LEGAL STANDARD

         Pursuant to Fed.R.Civ.P. 54(d)(1), “[u]nless a federal statute, these rules, or a court order provides otherwise, costs-other than attorney's fees-should be allowed to the prevailing party.” The language of Rule 54 creates a presumption in favor of awarding costs to the prevailing party, which presumption the losing party must rebut. See Manor Healthcare Corp. v. Lomelo, 929 F.2d 633, 639 (11th Cir. 1991). Moreover, Congress has comprehensively regulated the taxation of costs in federal courts. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 444-45 (1987). Section 1920 provides a list of taxable costs as follows:

(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;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.