Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 1 of 8 PageID 1308
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`OCALA DIVISION
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`Case No: 5:14-cv-197-Oc-30PRL
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`BARBARA BURROWS,
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`Plaintiff,
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`v.
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`THE COLLEGE OF CENTRAL
`FLORIDA,
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`Defendant.
`________________________________/
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`ORDER
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`THIS CAUSE comes before the Court upon Defendant’s Renewed Motion for Costs
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`and Expenses (Doc. 56) and Plaintiff’s response in opposition thereto (Doc. 58). The
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`Court, having reviewed the motion, supporting documents, objections, and being otherwise
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`fully advised in the premises, concludes that the motion should be granted in part and
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`denied in part.
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`PROCEDURAL BACKGROUND
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`Plaintiff is a former employee of Defendant. Following her termination of
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`employment with Defendant, Plaintiff initiated this action in Fifth Judicial Circuit in and
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`for Marion County, Florida, on November 22, 2013, asserting the following claims against
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`Defendant: (1) gender discrimination under Title VII of the Civil Rights Act, 42 U.S.C.
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`§§ 2000e-2000e-17, and the Florida Civil Rights Act, Fla. Stat. §§ 760.01-.11 (“FCRA”);
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`(2) religious discrimination under Title VII and the FCRA; (3) marital status discrimination
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`UNITED STATES DISTRICT COURT
`MIDDLE DISTRICT OF FLORIDA
`OCALA DIVISION
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`Case No: 5:14-cv-197-Oc-30PRL
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`BARBARA BURROWS,
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`Plaintiff,
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`v.
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`THE COLLEGE OF CENTRAL
`FLORIDA,
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`Defendant.
`________________________________/
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`ORDER
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`THIS CAUSE comes before the Court upon Defendant’s Renewed Motion for Costs
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`and Expenses (Doc. 56) and Plaintiff’s response in opposition thereto (Doc. 58). The
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`Court, having reviewed the motion, supporting documents, objections, and being otherwise
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`fully advised in the premises, concludes that the motion should be granted in part and
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`denied in part.
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`PROCEDURAL BACKGROUND
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`Plaintiff is a former employee of Defendant. Following her termination of
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`employment with Defendant, Plaintiff initiated this action in Fifth Judicial Circuit in and
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`for Marion County, Florida, on November 22, 2013, asserting the following claims against
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`Defendant: (1) gender discrimination under Title VII of the Civil Rights Act, 42 U.S.C.
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`§§ 2000e-2000e-17, and the Florida Civil Rights Act, Fla. Stat. §§ 760.01-.11 (“FCRA”);
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`(2) religious discrimination under Title VII and the FCRA; (3) marital status discrimination
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 2 of 8 PageID 1309
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`under the FCRA; (4) gender stereotype discrimination under Title VII; and (5) retaliation
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`under Title VII and the FCRA. (Doc. 2). On April 1, 2014, Defendant removed the action
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`to this Court. (Doc. 1).
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`Defendant then filed a motion to dismiss Plaintiff’s claims for religious
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`discrimination and marital status discrimination. (Doc. 5). The Court granted Defendant’s
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`motion in part, dismissing Plaintiff’s claim for religious discrimination. (Doc. 27).
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`Thereafter, Defendant moved for summary judgment on Plaintiff’s remaining claims,
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`which the Court granted, entering judgment in favor of Defendant. (Docs. 43, 51, 52).
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`Plaintiff subsequently filed a motion for reconsideration, which the Court denied. (Docs.
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`57, 60).
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`Defendant now seeks costs in the total amount of $4,639.90 pursuant to Federal
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`Rule of Civil Procedure 54(d). (Doc. 56.).
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`STANDARD FOR AWARDING COSTS
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`Federal Rule of Civil Procedure 54(d)(1) prescribes an award of costs for a
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`prevailing party unless a federal statute, the Federal Rules of Civil Procedure, or a court
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`order provides otherwise. See Durden v. Citicorp Trust Bank, FSB, No. 3:07-cv-974-J-
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`34JRK, 2010 WL 2105921, at *1 (M.D. Fla. Apr. 26, 2010) (stating that Rule 54 establishes
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`a presumption that costs should be awarded unless the district court decides otherwise
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`(citing Chapman v. Al Transp., 229 F.3d 1012, 1038 (11th Cir. 2000))). Summary
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`judgment was granted in favor of Defendant. Thus, Defendant is the prevailing party in
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`this case and is entitled to costs under Rule 54(d)(1). See Powell v. Carey Int’l, Inc., 548
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`F. Supp. 2d 1351, 1356 (S.D. Fla. 2008) (stating that a prevailing party is one who
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`2
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 3 of 8 PageID 1310
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`“prevailed on ‘any significant issue in the litigation which achieved some of the benefit the
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`parties sought in bringing the suit’” (quoting Tex. State Teachers Ass’n v. Garland Indep.
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`Sch. Dist., 489 U.S. 782, 791 (1989))).
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` A strong presumption exists in favor of awarding costs, unless the district court
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`decides otherwise. See Durden, 2010 WL 2105921, at *1; see also Arcadian Fertilizer,
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`L.P. v. MPW Indus. Servs., Inc., 249 F.3d 1293, 1296 (11th Cir. 2001). The district court’s
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`discretion in not awarding all costs is limited; the district court must articulate a sound
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`reason for not awarding full costs. See Chapman, 229 F.3d at 1038-39; Durden, 2010 WL
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`2105921, at *1. “However, a court may only tax costs as authorized by statute.” E.E.O.C.
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`v. W & O, Inc., 213 F.3d 600, 620 (11th Cir. 2000). Specifically, pursuant to 28 U.S.C.
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`§ 1920, the following may be taxed as costs:
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`(1) Fees of the clerk and marshal;
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`(2) Fees for printed or electronically recorded transcripts necessarily
`obtained for use in the case;
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`(3) Fees and disbursements for printing and witnesses;
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`(4) Fees for exemplification and the costs of making copies of any materials
`where the copies are necessarily obtained for use in the case;
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`(5) Docket fees under [28 U.S.C. § 1923]; [and]
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`(6) Compensation of court appointed experts, compensation of interpreters,
`and salaries, fees, expenses, and costs of special interpretation services
`under [28 U.S.C. § 1828].
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`See generally Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441-42 (1987),
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`superseded on other grounds by 42 U.S.C. § 1988(c) (finding that 28 U.S.C. § 1920 defines
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`the term “costs” as used in Rule 54(d) and enumerates the expenses that a federal court
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`3
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 4 of 8 PageID 1311
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`may tax as a cost under the discretionary authority granted in Rule 54(d)). The party
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`seeking an award of costs or expenses bears the burden of submitting a request that enables
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`a court to determine what costs or expenses were incurred by the party and the party’s
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`entitlement to an award of those costs or expenses. Loranger v. Stierheim, 10 F.3d 776,
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`784 (11th Cir. 1994).
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`DISCUSSION
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`Defendant seeks reimbursement for total costs of $4,446.90 comprising: (1) $400
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`for the removal fee; (2) $3,671 for costs incurred in transcribing depositions; and (3)
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`$375.90 for the costs of copies for discovery, pleadings, correspondence, and exhibits.
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`1. Fees of the Clerk
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`Defendant first seeks reimbursement in the amount of $400 for the cost of removing
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`this action from state court. Fees of the clerk and marshal are recoverable under § 1920(1),
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`and Plaintiff does not object to recovery of the removal fee. Accordingly, Defendant
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`should be awarded $400 in costs for fees of the Clerk.
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`2. Fees for Printed or Electronically Recorded Transcripts Necessarily Obtained for
`Use in the Case
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`Next, Defendant seeks reimbursement in the amount of $3,671 for costs incurred
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`for transcription of the depositions of Barbara Burrows, Joseph Mazur, Mark Paugh, James
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`Roe, and Allan Danuff. Generally, § 1920(2) authorizes taxation of costs for deposition
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`transcripts “necessarily obtained for use in the case.” 28 U.S.C. § 1920(2); see also Maris
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`Distrib. Co. v. Anheuser-Busch, Inc., 302 F.3d 1207, 1225 (11th Cir. 2002). Costs for
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`transcripts of depositions conducted in support of a motion for summary judgment or
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 5 of 8 PageID 1312
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`depositions conducted of witnesses listed on a party’s witness list are exemplary of the
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`types of costs recoverable under § 1920(2). See, e.g., Family Oriented Cmty. United
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`Strong, Inc. v. Lockheed Martin Corp., No. 8:11-cv-217-T-30AEP, 2012 WL 6575348, at
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`*1 (M.D. Fla. Dec. 17, 2012). However, “where the deposition costs were merely incurred
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`for convenience, to aid in thorough preparation, or for purposes of investigation only, the
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`costs are not recoverable.” W & O, Inc., 213 F.3d at 621.
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`Plaintiff agrees that Defendant is entitled to reimbursement for the costs of
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`transcribing the depositions of Barbara Burrows and Mark Paugh since Defendant relied
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`upon those depositions in its motion for summary judgment. Plaintiff does not agree,
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`however, that Defendant is entitled to reimbursement for the transcription costs of the
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`depositions of Joseph Mazur, James Roe, or Allan Danuff. Plaintiff also argues that
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`Defendant attempts to recover several costs not recoverable under § 1920(2), such as fees
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`for shipping and handling, costs for scanning and copying exhibits, and the costs for an
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`“e-litigation” package.
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`Because Defendant relied on the depositions of Barbara Burrows and Mark Paugh
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`in its motion for summary judgment, those depositions were necessarily obtained for use
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`in the case and are recoverable under § 1920(2). Similarly, the depositions of Joseph
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`Mazur, James Roe, and Allan Danuff, although not ultimately relied upon by Defendant,
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`were not unrelated to an issue in the case at the time they were taken; thus, Defendant
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`would be entitled to recover the costs of those depositions as well. See Watson v. Lake
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`Cnty., 492 Fed. App’x 991, 996-97 (11th Cir. 2012) (“[E]ven where a deposition is not
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`ultimately used [at trial or in a summary judgment motion] as part of the prevailing party’s
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`5
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 6 of 8 PageID 1313
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`case, we have held that the costs of the deposition are taxable under § 1920 where no
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`evidence shows that the deposition was unrelated to an issue in the case at the time it was
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`taken.”).
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`Yet, as noted by Plaintiff, Defendant seeks to improperly recover extra costs in the
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`preparation of such transcripts, such as costs for shipping and handling, costs for copying
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`and scanning exhibits, and the costs of an “e-litigation” package. See id. at 997 (finding
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`that a district court abused its discretion by taxing costs for shipment and binding of
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`depositions because Ҥ 1920 does not authorize recovery of costs for shipment of
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`depositions or costs for binders, tabs, and technical labor”). Because Defendant cannot
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`properly tax these costs, the Court concludes that Defendant is only entitled to recover
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`$3,301.25 for the costs of transcribing depositions, constituting $445.25 for the deposition
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`transcripts of Mark Paugh, $318.50 for the deposition transcripts of James Roe, $289.25
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`for the deposition transcripts of Allan Danuff, $653.25 for the deposition transcript of
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`Joseph Mazur, and $1,595.25 for the deposition transcripts of Barbara Burrows.
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`3. Fees for Exemplification and the Costs of Making Copies of Any Materials Where
`the Copies are Necessarily Obtained for Use in the Case
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`Finally, Defendant requests reimbursement in the amount of $375.90 for costs
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`associated with making copies of materials where the copies were “necessarily obtained
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`for use in the case.” Such fees are recoverable costs provided that Defendant presents
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`evidence establishing the nature of the documents and how they were used or intended to
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`be used in the case. 28 U.S.C. § 1920(4); Palmer v. Johnson, No. 2:09-cv-604-FTM-29,
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`2012 WL 4512918, at *4 (M.D. Fla. Oct. 2, 2012). Typically, “‘[c]opies attributable to
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 7 of 8 PageID 1314
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`discovery, copies of pleadings, correspondence, documents tendered to the opposing party,
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`copies of exhibits, and documents prepared for the Court’s consideration are recoverable.’”
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`Gordon v. Beary, No. 6:08-cv-73-Orl-36KRS, 2012 WL 3291699, at *2 (M.D. Fla. July
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`27, 2012) (quoting Desisto Coll., Inc. v. Town of Howey-in-the-Hills, 718 F. Supp. 906,
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`913 (M.D. Fla. 1989)). On the other hand, “[c]opies obtained for the convenience of
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`counsel, including extra copies of filed papers, correspondence, and copies of cases, are
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`not taxable.” Id.
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`Defendant seeks reimbursement for copy costs associated with 3,757 pages at $.10
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`per page for copies of discovery documents, exhibits submitted in support of Defendant’s
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`motion for summary judgment, a courtesy copy of Defendant’s motion for summary
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`judgment, copies of exhibits used at Plaintiff’s deposition, and copies of exhibits
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`attributable to the corporate representative. Plaintiff objects to the number of copies for
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`which Plaintiff seeks reimbursement, asserting that the copies were cumulative and
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`unnecessary. Plaintiff asserts that Defendant should only be entitled to recover costs for
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`the motion for summary judgment and attached exhibits, which amounts to 556 pages or
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`$55.60, and for the ninety pages of exhibits utilized during Plaintiff’s deposition, which
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`would amount to $9.
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`For a fee to be compensable the taxing party must provide adequate documentation
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`and description regarding the necessity of the cost. See Scelta v. Delicatessen Support
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`Servs., Inc., 203 F. Supp. 2d 1328, 1340 (M.D. Fla. 2002). Defendant has provided no
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`Case 5:14-cv-00197-JSM-PRL Document 61 Filed 09/10/15 Page 8 of 8 PageID 1315
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`documentation substantiating its copy costs and their necessity for use in the case.1 Thus,
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`the Court is inclined to agree with Plaintiff that Defendant’s copy costs should be limited
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`to the courtesy copy of its motion for summary judgment that was provided to the Court
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`and the costs of the exhibits obtained for use in Plaintiff’s deposition. Accordingly,
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`Defendant should be awarded copy costs in the amount of $64.60.
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`CONCLUSION
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`Accordingly, it is therefore ORDERED AND ADJUDGED that:
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`1. Defendant’s Renewed Motion for Costs and Expenses (Doc. 56) is GRANTED
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`in part and DENIED in part.
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`2. The Clerk is directed to enter a Bill of Costs in the amount of $3,765.85 in
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`Defendant’s favor and against Plaintiff.
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`DONE and ORDERED in Tampa, Florida, this 10th day of September, 2015.
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`Copies furnished to:
`Counsel/Parties of Record
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`1Defendant provided the Court with a single document showing the copy costs incurred in the case,
`but the document is vague and does not reflect how the copies were necessarily obtained for use in the case.
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