Johnstone v. CrossCountry Mortgage, LLC
1:22-cv-01111
| N.D. Ohio | Jun 27, 2025Background
- Plaintiffs Linda Johnstone and L.D. (through her mother) brought a lawsuit against CrossCountry Mortgage, LLC.
- The case was decided in favor of CrossCountry Mortgage at summary judgment.
- The defendant, as the prevailing party, filed a Bill of Costs asking for reimbursement under Fed. R. Civ. P. 54(d)(1) and 28 U.S.C. § 1920.
- CrossCountry Mortgage sought $10,782.93 for costs relating to service of process, deposition transcripts, and witness fees.
- Plaintiffs did not object to the Bill of Costs.
- The court assessed each category of costs for reasonableness and compliance with the applicable rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the prevailing party recover subpoena service fees? | (No objection filed) | Fees for serving four subpoenas should be reimbursed | Denied—lack of proper documentation and detail |
| Are deposition transcript fees recoverable and reasonable? | (No objection filed) | Transcripts were necessary and used in briefing | Granted—costs taxed as requested for transcripts |
| Can defendant recover witness fees for employee's deposition? | (No objection filed) | Witness fees for employee-witness’s attendance | Denied—employee appeared as party representative |
| Is the Bill of Costs appropriately submitted to the court? | (No objection filed) | Bill of Costs can be decided by judge directly | Granted—court exercised discretion to review bill |
Key Cases Cited
- Soberay Mach. & Equip. Co. v. MRF Ltd., Inc., 181 F.3d 759 (6th Cir. 1999) (establishes presumption in favor of awarding costs to prevailing party)
- White & White, Inc. v. Am. Hosp. Supply Corp., 786 F.2d 728 (6th Cir. 1986) (burden on unsuccessful party to overcome presumption of costs)
- Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437 (U.S. 1987) (court’s authority to award costs limited to those enumerated in § 1920)
- Sales v. Marshall, 873 F.2d 115 (6th Cir. 1989) (prevailing party may recover deposition costs reasonably necessary to litigation)
- Farmer v. Arabian Am. Oil Co., 379 U.S. 227 (U.S. 1964) (costs proposed by prevailing parties must receive careful scrutiny)