HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 169 - ORDER RE BILL OF COSTS*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME IN THE LOWER RIGHT CORNER OF THIS FORM (CHOOSE ANY TUESDAY, WEDNESDAY, OR
THURSDAY AT 8:30, 9:00 OR 9:30 A.M.) FOR APPEARANCE BEFORE THE CLERK FOR TAXATION.***
AO 133(Rev. 12/09) Bill of Costs
USDC Colo. Version – (Rev. (01/01/2020)
BILL OF COSTS
United States District Court
DISTRICT
DISTRICT OF COLORADO
v.
DOCKET NO.
MAGISTRATE CASE NO.
Judgment having been entered in the above entitled action on
against the clerk is requested to tax the following as costs:
BILL OF COSTS
Fees of the clerk $
Fees for service of summons and complaint $
Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case $
Fees and disbursements for printing $
Fees for witnesses (itemized on reverse side) $
Fees for exemplification and copies of papers necessarily obtained for use in the case $
Docket fees under 28 U.S.C. § 1923 $
Costs incident to taking of depositions $
Costs as shown on Mandate of Court of Appeals $
Other costs (Please itemize) $
Please review and comply with D.C.COLO.LCivR 54.1
(See Notice section on reverse side)
TOTAL $
DECLARATION
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees
have been charged were actually and necessarily performed. A copy hereof was this day mailed with postage fully prepaid thereon to:
Signature of Attorney
Print Name Phone Number
For: Date
Name of Claiming Party
Date and Time
Amount Taxed $
Please take notice that I will appear before the Clerk who will tax said costs
on the following day and time:
Costs are hereby taxed in the following amount and included in the judgment:
CLERK OF COURT
JEFFREY P. COLWELL
(BY) DEPUTY CLERK
DATE:
Case 1:17-cv-00884-CMA-STV Document 165 Filed 03/10/20 USDC Colorado Page 1 of 2
$49.03
$1,469.30
$0.00
s/ Edward Butler
April 22, 2020
[Clerk's notes are in red.]
• Regarding 28 U.S.C. § 1920(1) costs - clerk's fees - they are denied, as the costs consist of the court's PACER
system for viewing /printing documents from the e-filing system. These costs should not be incurred as each party
is allowed "one free look" at documents on the docket and the responsibility to avoid such charges lies with the
party. [Continued on next page.]
$186.55
$1,704.88
$1,704.88
[Hearing held Apr. 22, 2020, 9:00 a.m,,
by teleconference with counsel for
both parties.]
UNITED STATES DISTRICT COURT
Witness Fees (see 28 U.S.C. § 1821 for statutory fees and www.gsa.gov for locality per diem rates)
ATTENDANCE SUBSISTENCE MILEAGE
Total Cost
NAME , CITY AND STATE OF RESIDENCE Total
Cost
Total
Cost
Total
Cost
Each Witness
Days Days Miles
TOTAL
NOTICE
Section 1920, Title 28, U.S. Code provides:
A judge or clerk of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation
services under section 1828 of this title.
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
See also Sec. 1924, Verification of bill of costs [and keep in mind the equivalent effect of declarations under 28 U.S.C. § 1746]:
Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly
authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the
services for which fees have been charged were actually and necessarily performed.
The Federal Rules of Civil Procedure provides as follows regarding costs:
Rule 54(d)(1): "Unless a federal statute, these rules, or a court order provides otherwise, costs - - other than attorney's fees - - should be allowed
to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk
may tax costs on 14 days' notice. On motion served within the next 7 days, the court may review the clerk's action."
D.C.COLO.LCivR 54.1 Taxation of Costs:
Each judgment or final order shall indicate any party entitled to costs. Unless otherwise ordered, the clerk shall tax costs in favor of a prevailing
party or parties. A bill of costs shall be filed on the form provided by the court within 14 days after entry of the judgment or final order. After filing a bill
of costs and prior to appearing before the clerk, counsel and any unrepresented party seeking costs shall file a written statement that they have
conferred as to disputes regarding costs. If all disputes are resolved, a stipulation specifying costs shall be filed with the court.
USDC Colo. Version - (Rev. 01/01/2020)
AO 133 (Rev. 12/09) Bill of Costs
Case 1:17-cv-00884-CMA-STV Document 165 Filed 03/10/20 USDC Colorado Page 2 of 2
Clerk's notes continued:
•
•
Regarding fees fo the court reporter, 28 U.S.C. § 1920(2). The clerk declines to award
the deposition charges for witnesses Perry and Horkey - neither was cited or
referenced in the dispositive motion briefing, and appear to be EMT specialists with
little to add to the factual groundings of the excessive force claim. Defendant's
objection that the depositions of Perry and Horkey were taken by Plaintiff is a
seemingly valid one, but if there is no substantive weight to the testimony, the
depositions appear unnecessary. Materials produced solely for discovery do not
meet the recovery of costs threshold. Furr v. AT&T Technologies, Inc., 824 F.2d 1537,
1550 (10th Cir. 1987).
Fees and disbursements for printing - the Clerk awards the black & white and color
copying charges incurred by Defendant in the months of July and August, 2019. This
is an inexact approximation of the copying charges that contributed to Defendant's
success with the summary judgment motion and attempts to avoid recovery of costs
for client updates, convenience of counsel, non-recoverable pleadings and initial
disclosure costs, etc. Furr, 824 F.2d at 1550, 28 U.S.C. § 1920(4).
•
• Finally , the Clerk notes Plaintiff's general objection to
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15
$49.03
Clerk's notes on Other Costs:
• Scanning imaging not awarded, as the Clerk's copying charges award under 28
U.S.C. § 1920(4) consisted of copying (b&w and color), including scanning, for
July and August 2019.
• The only courier delivery charge awarded was for the 7/30/19 cost for delivering
conventionally submitted material to the court (Docket No. 131), as required by
the court's ECF Procedures; the Clerk sees no other delivery to the court on the
docket, and deliveries to opposing counsel not awarded.
• Colo. Dept. of Corrections charge for defendant's file is awarded as a
reasonable and expected copying charge, necessarily obtained for use in the
case - CDOC records are listed on the Final Pretrial Order Joint Exhibit List.
• ChartSwap Invoice for Medical Records awarded, medical records from
underlying incident attached to summary judgment motion and frequently
referenced.
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15
*
* The summary judgment motion was filed on July 5, 2019,
and corresponding briefing in July and August, 2019.
$51.40
$135.15
Total copying charges awarded under 28 U.S.C. § 1920(4): $186.55
Case 1:17-cv-00884-CMA-STV Document 169 Filed 04/22/20 USDC Colorado Page 4 of 4
an award of costs against an indigent party - that is a
discretionary matter for the Court, but generally costs
may be awarded without regard to a plaintiff's in
forma pauperis status. Olson v. Coleman, 997 F.2d
726, 728 (10th Cir. 1993).
• Despite the Final Judgment's lack of specific award of
costs, the local rule requires the Clerk to award costs
to a prevailing party on the filing of a bill. LCivR 54.1.
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