Glover v. Novasys Health Incorporated of Delaware
4:12-cv-00691
E.D. Ark.Jan 8, 2014Background
- Glover sued NovaSys Health in the Eastern District of Arkansas for Title VII and 42 U.S.C. § 1981 claims.
- On October 25, 2013, the court granted summary judgment in favor of NovaSys and dismissed the action with prejudice.
- NovaSys moved for costs (ECF Nos. 52, 53); no response was filed by Glover.
- Rule 54(d)(1) creates a presumption in favor of awarding costs to the prevailing party.
- 28 U.S.C. § 1920 enumerates recoverable costs, including court reporter and transcript costs.
- NovaSys seeks $1,672.20 for deposition-related court reporter costs, supported by affidavits and invoices.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the prevailing party may recover costs | Glover did not oppose; no argument presented against costs. | NovaSys is entitled to costs under Rule 54(d)(1) and § 1920 for deposition costs. | Yes; NovaSys awarded $1,672.20 in costs. |
Key Cases Cited
- Police Retirement Sys. v. Midwest Inv. Advisory Serv., 940 F.2d 351 (8th Cir. 1991) (costs presumptively recoverable to prevailing party)
- Poe v. John Deere Co., 695 F.2d 1103 (8th Cir. 1982) (no exception for losing civil-rights litigants to bearing costs)