On remand following our prior opinion,
The district court slashed plaintiffs’ request by 50 percent and awarded approximately $61,000. Defendants say that this remains too high, but their brief does not contain the detailed analysis of billing records essential to call the district court’s bottom line into question. Percentage reductions of the kind the district court used are not a good way to make adjustments for partial success, see
Lenard v. Argento,
Defendants also challenge the award of some $9,000 in costs. Once again appellate review is deferential. The award is unexceptionable in the main, but two items from the bill of costs require additional comment.
First, the district court awarded, as costs, outlays for travel and related expenses by attorneys and paralegals. These expenses are not listed in 28 U.S.C. § 1920 and therefore may not be reimbursed as costs.
Crawford Fitting Co. v. J.T. Gibbons, Inc.,
Second, the district court included among the costs expenses plaintiff Daniel Gutierrez incurred in traveling from Texas to Illinois for trial. Section 1920 does not authorize this; neither does the theory of
Missouri v. Jenkins,
because the expense of a litigant’s travel does not appear on an attorney’s bill. According to plaintiffs, § 216(b) expands the category of costs. But the statute does not say so; it refers to “costs” without elaboration. To learn which expenses are taxable as “costs” a court must look elsewhere, and the only pertinent definition is in § 1920.
Crawford Fitting
holds that the judiciary may not expand its enumeration. Authorization to award attorneys’ fees in a category of cases does not add to the list of allowable costs.
West Virginia University Hospitals, Inc. v. Casey,
The decision of the district court is affirmed, except to the extent it directs the
