Dishman v. Cleary
279 F.R.D. 460
N.D. Ill.2012Background
- Judgment entered for Defendants Cleary, Deitelhoff, and Campbell on Sept. 2, 2011; Defendants awarded court costs against Plaintiff Dishman.
- Defendants sought $10,944.87 in costs; Plaintiff objected to specific items.
- Court awarded $10,555.66 in costs to Defendants.
- Plaintiff moved to stay the Bill of Costs pending appeal; argued potential inequity in bearing all costs.
- Court conducted scrupulous review of costs under Rule 54(d)(1) and 28 U.S.C. § 1920, reducing several line items.
- Final award breakdown: $1,232.41 (subpoena service and witness advances), $7,502.10 (transcripts), $131.00 (witnesses), $852.60 (exemplification/copies), $837.55 (other costs).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Bill of Costs should be stayed pending appeal. | Plaintiff seeks stay pending appeal. | Final judgment already issued; costs may be awarded during appeal. | No stay granted; costs may be awarded while appeal is pending. |
| Whether equity bars Plaintiff from paying all reasonable costs. | Equitable considerations may overcome presumptive costs. | No misconduct or incapacity shown; equity does not defeat costs. | Costs awarded; equity did not require denial. |
| Whether invoices are sufficient documentation for costs. | Invoices insufficient or unreliable in parts; costs should be limited. | Invoices constitute adequate documentation per precedent. | Invoices deemed sufficient; itemized costs reviewed and adjusted as needed. |
| What constitutes recoverable subpoena and witness costs. | Some witness fees/advances and certain subpoenas are improper. | Witness fees and advances reasonably necessary; some adjustments made. | Awarded $1,232.41 for subpoenas/witnesses after reductions; specific advances limited. |
| What are allowable transcript costs and court reporter fees? | Per-page rates plus attendance fees should not exceed limits. | Attendance fees and per-page costs recoverable within limits; some hours capped at $60; per-deponent adjustments made. | Transcript costs awarded at per-page rates up to judicial limits plus reasonable attendance fees; total deposition costs set at $7,502.10. |
Key Cases Cited
- Weeks v. Samsung Heavy Indus. Co., 126 F.3d 926 (7th Cir. 1997) (strong presumption in favor of cost recovery; detailed scrutiny required)
- Barber v. Ruth, 7 F.3d 636 (7th Cir. 1993) (courtwide discretion to award costs; standard applied to determine recoverability)
- Extra Equipamentos E Exportacao Ltda. v. Case Corp., 541 F.3d 719 (7th Cir. 2008) (allowable court reporter fees included with transcript costs; attendance fees permissible)
- Cengr v. Fusibond Piping Sys., Inc., 135 F.3d 445 (7th Cir. 1998) (court reporter attendance fees may be awarded in addition to per-page rate)
- Manson v. City of Chi, 825 F.Supp.2d 952 (N.D. Ill. 2011) (invoices constitute adequate documentation for costs; reasonable costs awarded)