943 F. Supp. 2d 192
D.D.C.2013Background
- Guevara sued for medical negligence; jury found for Onyewu on all claims.
- Defendant Onyewu submitted a bill of costs totaling $7,175.82; Clerk taxed the amount.
- Guevara moved to retax arguing indigence or improper line items.
- Court declines to deny costs entirely but reduces for unnecessary demonstratives and a deposition transcript.
- Court discusses Rule 54(d)(1) and 28 U.S.C. §1920, and addresses indigence and assets considerations.
- Plaintiff’s financial picture is incomplete; court notes indigence alone does not automatically excuse payment of costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Indigence as basis to deny costs | Guevara argues indigence warrants denial | Onyewu argues costs should flow to the losing party | Indigence alone not sufficient to deny costs; presumption in favor of costs preserved |
| Taxability of demonstrative exhibits | Demonstratives are not taxable as they are illustrative | Demonstratives were necessary for trial | Demonstratives not taxable; reduce costs by 3,422.74 |
| Taxability of deposition transcripts | Depositions not used on the record should not be taxed | Costs for depositions may be taxable if necessary for case preparation | Guevara deposition necessary; Ruff deposition unnecessary; reduce by 75.75 |
Key Cases Cited
- Delta Air Lines, Inc. v. August, 450 U.S. 346 (1981) (costs as normal incident of defeat; district court discretion)
- Baez v. U.S. Dep’t of Justice, 684 F.2d 999 (D.C. Cir. 1982) (need for good reason to deny costs; indigence not automatic)
- Chapman v. AI Transp., 229 F.3d 1012 (11th Cir. 2000) (indigence vs. costs; discretion of court)
- Sykes v. Napolitano, 755 F. Supp. 2d 118 (D.D.C. 2010) (necessity of deposition for costs analysis)
- Johnson v. Holway, 522 F. Supp. 2d 12 (D.D.C. 2007) (need substantial documentation of financial hardship)
- Sun Ship, Inc. v. Lehman, 655 F.2d 1311 (D.C. Cir. 1981) (depositions used for trial preparation can justify costs)
- Youssef v. FBI, 762 F. Supp. 2d 76 (D.D.C. 2011) (deposition necessity assessed as of deposition time)
- Robertson v. McCloskey, 121 F.R.D. 131 (D.D.C. 1988) (demonstrative materials generally not taxable when merely illustrative)
- Cherry v. Champion Int’l Corp., 186 F.3d 442 (4th Cir. 1999) (consideration of assets beyond income in hardship)