89 F.R.D. 391 | W.D. Tex. | 1981
ORDER
On this 11th day of February, 1981, came on for consideration the defendants’ motions to tax costs in the above styled and numbered causes, and the plaintiffs’ objections thereto. This consolidated case was filed to challenge the constitutionality of the Bexar County Hospital District’s decision to relocate, maternity and nursery services from downtown San Antonio. On February 20, 1980, judgment was entered for the defendants. Although the Court, in its judgment, was “unwilling to characterize this litigation as frivolous”,
BEXAR. COUNTY HOSPITAL DISTRICT:
1. Fees of the court reporters for all or any part of the transcript necessarily obtained for use in the case $ 8,727.301
2. Fees of the court reporters for transcriptions and copies' of depositions necessarily obtained for use in the case 11,000.902
3. Fees for expert witnesses 608.003
4. Fees for legal aid witnesses 300.00
5. Fees for exemplification of papers necessarily obtained for use in the case 297.504
6. Fees for marshals 35.00
7. Fees for the interpreter 125.00
Total for Hospital District5 $21,093.70
*394 BEXAR COUNTY:
1.. Fees of the court reporters for all or any part of the transcript necessarily obtained for use in the case $1,232.00
2. Fees of the court reporters for transcriptions and copies of depositions necessarily obtained for use in the case $2,995.656
Total for Bexar County7 $4,227.65
The Court further concludes that, because the suit was neither frivolous, nor instituted in bad faith, it would be inequitable to tax costs against the individual indigent plaintiffs under the circumstances. See, e. g. Perkins v. Cingliano, 296 F.2d 567, 569 (4th Cir. 1961); Boas Box Co. v. Proper Folding Box Corp., 55 F.R.D. 79, 81 (E.D.N.Y.1971). Therefore, the total $25,321.35 of taxable costs will be apportioned between plaintiffs, United States of America and City of San Antonio, according to their respective roles in the prosecution of this lawsuit. The Court is of the opinion that the United States should bear responsibility for seventy-five percent (75%) of the costs incurred, or $18,991.01, because it was the principal plaintiff in all aspects of this litigation, cf., Moten v. Bricklayers, Masons and Plasterers, etc., 543 F.2d 224, 239-40 (D.C.Cir.1976), and because the United States is the party best able to relieve local taxpayers of the disproportionate share of the burden. See County of Suffolk v. Secretary of the Interior, 76 F.R.D. 469, 473-74 (E.D.N.Y.1977), cert. denied, 434 U.S. 1064,
ORDERED that defendant, Bexar County Hospital District, recover the sum of $21,093.70 for its expenses incurred in this litigation, and that defendant, Bexar County recover the sum of $4,227.65 for its expenses incurred in this litigation. It is
FURTHER ORDERED that plaintiff, United States, be taxed costs in the total amount of $18,991.01 for defendants’ expenses incurred in this litigation, and that plaintiff, City of San Antonio, be taxed costs in the total amount of $6,330.34 for defendants’ expenses incurred in this litigation.
See United States v. Bexar County, 484 F.Supp. 855, 861 (W.D.Tex.1980).
. This amount includes $8,616.00 for daily copies of the trial transcript, and $111.30 for the transcript of four pretrial hearings. Ordinarily, this Court would not allow costs of daily transcripts without prior court approval. However, in view of the length and complexity of this litigation, see Farmer v. Arabian American Oil Co., 379 U.S. 227, 234, 85 S.Ct. 411, 416, 13
. See note 2 on page 393.
ORAL DEPOSITIONS
Theresa Jesse $136.90
Mary Esther Garzes 158.60
Jonathan Lopez 99.10
Carmen Cantu 167.80
Dr. Charles I. Cotrell 192.40
Belia Cortez 172.10
Frank Alvarez - Vol. 1 216.10
Frank Alvarez - Vol. II 107.20
Henry Cisneros - Vol. I 398.40
Henry Cisneros - Vol. II 83.80
Delfina Gonzales 253.20
Rosalinda Cisneros 200.70
Juanita Adame 193.10
Jose Contreras 285.10
Bernardo Eureste 286.40
Frank Cortez 155.70
Teresa Camarillo 125.30
Robert D. Ewers 329.20
Mary Rocha 212.50
Alice Simmons 184.20
Charles Grace 230.70
Joe L. Hernandez 130.60
Tara Lewis 163.50
Jose A. Contreras 466.60
George Korbel 278.10
Evelyn Garcia 138.20
Lupe Guerra 273.30
Lydia Mejia 161.20
Sylvia Perez 170.80
Adela Navarro 226.00
Martha Williams 221.10
ORAL DEPOSITIONS
Patti and Rod Radie $207.90
Albert Pena, Jr. 171.50
Rev. Kent Miller 192.50
James Miller and C.E. Anaya 405.40
Hector Salizar 197.10
Edmundo Rodriguez 210.00
Lou Nell Sutton 155.90
Sister Gregoria Ortega 265.50
Dr. Courand N. Rothe - Vol. I 106.00
Dr. Courand N. Rothe - Vol. II 135.00
Alicia Sanchez 167.20
Elia Martinez 299.40
Drs. Paul Branca and John Franklin 873.00
Michael Middleton 291.10
Lloyd Henderson 143.50
Treadwell Phillips 147.60
Dorothy Stuck 465.45
Carol Atha 148.85
Total Depositions $11,000.90
UNSWORN INTERVIEWS
Maureen R. McLain $ 64.60
Dr. Femardo Guerra 92.20
Dr. W. M. Keidel 89.40
Jeanne Janes 85.30
Anita Anderson 108.30
Roger Gonzales 78.40
Dr. Frank Bryant 132.70
Dr. Jose San Martin 60.00
Marta Tijerina 106.60
Maria Elena Torralva 78.40
Dr. Richard Aubry 127.50
Dr. George Ryan 196.50
Dr. Sheldon Karones 168.95
Dr. Warren Pearse 87.14
Total Interviews $1,475.99
The Court is of the opinion that the aforementioned copies of oral depositions were “necessarily obtained for use in the case”, Carpa, Inc. v. Ward Foods, Inc., 567 F.2d 1316 (5th Cir. 1978), in accordance with the reasoning of the Fifth Circuit in United States v. Kolesar, 313 F.2d 835, 849 (5th Cir. 1963). The unsworn interviews, on the other hand, were taken merely for discovery purposes and were conducted solely for the convenience of counsel. Consequently, the interview costs are not taxable. See Morris v. Carnathan, 63 F.R.D. 374, 380-81 (N.D.Miss.1974). An additional item of non-taxable costs is the $646.40 deposition expense of James Miller and C. E. Anaya, and Dr. Courand Rothe, because they testified on behalf of Bexar County Hospital District at trial. See Morrison v. Alleluia Cushion Co., Inc., 73 F.R.D. 70, 72 (N.D.Miss.1976); Morris v. Carnathan, supra, 63 F.R.D. at 380.
. See note 3 on page 393.
. See note 4 on page 394.
. See note 5 on page 394.
. Bexar County’s recoverable deposition costs are computed as follows:
$6,213.01 request for court reporters’ fees submitted by Bexar County
-1,232.00 court reporter fees allowed for copies of transcripts (See Bexar County, Item 1.)
-1,508.95 fees disallowed for witnesses who testified on behalf of Bexar County
- 476.42 interview costs disallowed
$2,995.65
. Exhibit and miscellaneous travel expenses are disallowed in their entirety for the reasons heretofore discussed in footnotes 3 and 4.