Baisden v. I'M READY PRODUCTIONS, INC.
793 F. Supp. 2d 970
S.D. Tex.2011Background
- Final Judgment awarded costs to defendants and taxed costs against Baisden in the amount of $55,048.36.
- Defendants filed a Bill of Costs ($66,391.03) and plaintiff objected to several items.
- Court addresses whether costs fall within 28 U.S.C. § 1920 categories and Rule 54(d)(1).
- Key contested items include private process server fees, transcripts (including video), witness travel, and copying/exemplification costs.
- Court sustains objections in part, overrules in part, and reduces several cost items to total $55,048.36.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are private process server fees recoverable? | Fees for private process servers are not recoverable under §1920(1). | Private process server fees are recoverable where no marshal fees apply and no exception exists. | Private process server fees not recoverable under §1920. |
| May videotaped depositions and transcripts both be taxed as costs? | §1920(2) does not authorize videotape costs; seek limited transcripts. | Amendments allow taxing fees for printed/electronically recorded transcripts; permits video where reasonable. | Costs for both video and stenographic transcripts may be taxed where reasonably necessary. |
| Are witness travel and subsistence costs within per diem limits? | Per diem limits should cap travel costs; some items exceed statutory rates. | Witness travel/subsistence reasonable given trial schedule; per diem limits apply. | Adjustments limited to per diem caps; some travel costs allowed, others reduced. |
| Are exemplification and copying costs recoverable and properly itemized? | Costs excessive and inadequately itemized for copying, scanning, demonstratives. | Costs reasonable; supported by declaration; demonstratives allowed with pretrial approval principles. | Demonstratives disallowed; other copying costs reduced but largely allowed. |
Key Cases Cited
- Cypress-Fairbanks Indep. Sch. Dist. v. Michael F., 118 F.3d 245 (5th Cir. 1997) (private process server costs generally not recoverable absent exceptional circumstances)
- Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437 (Supreme Court, 1987) (costs taxed only with statutory/contractual authorization)
- Coats v. Penrod Drilling Corp., 5 F.3d 877 (5th Cir. 1993) (court may deny or reduce costs not expressly allowed by statute)
- Holmes v. Cessna Aircraft Co., 11 F.3d 63 (5th Cir. 1994) (affidavits can support §1821 verification for travel costs)
- United Teacher Assocs. Ins. Co. v. Union Labor Life Ins. Co., 414 F.3d 558 (5th Cir. 2005) (per diem limits govern travel/subsistence costs; §1821 controls )
- Gaddis v. United States, 381 F.3d 444 (5th Cir. 2004) (transcripts and costs considerations in complex cases)
- Fogleman v. ARAMCO (Arabian American Oil Co.), 920 F.2d 279 (5th Cir. 1991) (deposition costs/necessity framework under §1920(2))
- Arlington Central Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291 (Supreme Court, 2006) (per diem framework and travel allowances for witnesses)