United States District Court, S.D. Texas, Houston Division
MEMORANDUM OPINION & ORDER
H. Miller, United States District Judge
before the court is defendant Invesco, LTD's
(“Invesco”) bill of costs. Dkt. 72. Having
reviewed the bill of costs, objections, related documents in
the record, and the applicable law, the court is of the
opinion that plaintiff Cheryl Kirk's objections to
Invesco's bill of costs should be SUSTAINED IN PART and
OVERRULED IN PART.
August 18, 2016, the court granted summary judgment in favor
of Invesco. Dkt. 72 Invesco seeks to recover $8, 869.22 in
costs. Id. Invesco seeks $3, 136.15 in costs for
written deposition transcripts, $2, 840.00 in costs for video
depositions, $2, 880.47 in costs for Pathway Forensics, and
$12.60 for a copy of the hearing transcript. Id.
objects to $7, 030.77 of the costs that Invesco requested.
Dkt. 74. Specifically, Kirk objects to $1, 310.30 of the $3,
136.15 requested for written deposition transcripts because
Invesco deposed two witnesses multiple times. Id.
Kirk also objects to all of the costs for video depositions,
totaling $2, 840.00, arguing that Invesco did not explain why
it was necessary for them to record the depositions on video.
Id. Kirk further objects to $2, 880.47 in costs for
Pathway Forensics because this type of cost is not
recoverable under 28 U.S.C. § 1920. Id.
Finally, Kirk does not object to the $12.60 requested for the
hearing transcript. Id.
Federal Rule of Civil Procedure 54(d), “[u]nless a
federal statute, [the Federal Rules of Civil Procedure], or a
court order provides otherwise, costs-other than
attorney's fees-should be allowed to the prevailing
party.” Fed.R.Civ.P. 54(d). Absent objections, the
clerk may tax the costs 14 days after the prevailing party
notifies the clerk of its costs. Id. Under 28 U.S.C.
§ 1920, the judge or clerk may tax the following as
(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 [28 U.S.C. § 1923];
(6) Compensation of court appointed experts, compensation of
interpreters, and salaries, fees, expenses, and costs of
special interpretation services under [28 U.S.C. §
28 U.S.C. § 1920. A district court may decline to award
costs listed in the statute, but may not award costs omitted
from the list. Cook Children's Med. Ctr. v. New Eng.
PPO Plan, 491 F.3d 266, 274 (5th Cir. 2007). Expenses
not authorized by the statute or a contract must be borne by
the party incurring them. Baisden v. I'm Ready
Prods., Inc., 793 F.Supp.2d 970, 973 (S.D. Tex. 2011)