1:21-cv-05581
N.D. Ill.Mar 21, 2025Background
- Defendants (Chicago Park District and others) prevailed at summary judgment and sought to recover costs from Plaintiffs (Penland, Gerner, Edward Burke, and Paul Burke) under Fed. R. Civ. P. 54(d).
- The main costs sought were for deposition-related expenses, including transcripts, real-time transcription, videography, and copying fees.
- Plaintiffs objected to certain costs as unreasonable, unnecessary, or exceeding allowable rates under local rules and Judicial Conference schedule.
- The depositions in question occurred between August 2023 and May 2024, with transcript rates changing during this period.
- The Court partially granted the motion, allowing some costs but reducing others, ultimately awarding $17,206.75 in taxable costs.
- Enforcement of the bill of costs is stayed pending appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Deposition Transcript Rates | Some per-page rates exceeded court/Judicial Conference max | Some higher rates justified by timing/delivery | Reduced to max ordinary rate at time of deposition |
| Taxation of Word Index Pages | Index pages unnecessary, for counsel's convenience | Indexes necessary, helpful for understanding many depositions | Allowed indexes as necessary and reasonable |
| Condensed Transcripts | Condensed forms duplicative of originals | Court prefers condensed; only three, small cost | Allowed; reasonable and necessary |
| Rough/Real-Time Transcripts/Videography | Rough and real-time unnecessary; video fees excessive | Real-time and video requested by plaintiffs/necessary if other side obtains | Denied rough/real-time, allowed video fees |
| Exhibit Copy Fees (Black/White & Color) | Duplicative copies unreasonable | No specific justification | Disallowed second set as unnecessary |
| Litigation Service Fees | Service/litigation package fees unnecessary | No justification provided | Disallowed such fees |
| Transcript Fees for Hearing | No objection | - | Allowed as unopposed |
Key Cases Cited
- Crosby v. City of Chicago, 949 F.3d 358 (7th Cir. 2020) (presumption that prevailing party recovers costs, but courts have discretion)
- Soler v. Waite, 989 F.2d 251 (7th Cir. 1993) (court must determine if costs are allowable, reasonable, and necessary)
- Trs. of Chi. Plastering Inst. Pension Tr. v. Cork Plastering Co., 570 F.3d 890 (7th Cir. 2009) (burden is on party seeking costs to show necessity and reasonableness)
- Republic Tobacco Co. v. N. Atl. Trading Co., 481 F.3d 442 (7th Cir. 2007) (statutory bases for allowable costs)
- Escamilla v. United States, 62 F.4th 367 (7th Cir. 2023) (transcript rate limits, indexes may be essential in some cases)
- Trading Techs. Int'l, Inc. v. eSpeed, Inc., 750 F. Supp. 2d 962 (N.D. Ill. 2010) (party can recover costs for both video and transcript of deposition if necessary and reasonable)