Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kirk v. Invesco, Ltd.

United States District Court, S.D. Texas, Houston Division

March 22, 2017

Cheryl Kirk, Plaintiff,
v.
Invesco, LTD, Defendant.

          MEMORANDUM OPINION & ORDER

          Gray H. Miller, United States District Judge

         Pending 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.

         I. Background

         On 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.

         Kirk 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.

         II. Legal Standard

         Under 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 costs:

(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. § 1828].

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) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.