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.

Federal Insurance Co. v. Great American Insurance

United States District Court, E.D. Missouri, Eastern Division

June 29, 2017

FEDERAL INSURANCE COMPANY, et al., Plaintiffs,
v.
GREAT AMERICAN INSURANCE, et al., Defendants.

          OPINION, MEMORANDUM AND ORDER

          HENRY EDWARD AUTRE Y UNITED STATES DISTRICT JUDGE.

         This matter is before the Court on Plaintiff Federal Insurance Company's' Bills of Costs, [Doc. No.'s 102 and 120] and Plaintiff Zurich American Insurance Company's Bill of Costs and Amended Bill of Costs, [Doc. No.'s 101 and 103, respectively]. Great American Insurance Company objects to the Bills of Costs. For the reasons set forth below, the Bills of Costs are granted, as modified herein.

         Federal Rule of Civil Procedure 54(d)(1) states that, “[u]nless a federal statute, these rules, 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)(1). “Rule 54 represents a codification of the presumption that the prevailing party is entitled to costs.” Martin v. DaimlerChrysler Corp., 251 F.3d 691, 696 (8th Cir.2001) (quotations omitted); see also Ex Parte Peterson, 253 U.S. 300, 315-17 (1920) (discussing common law of costs). In other words, “[t]he losing party bears the burden of overcoming the presumption that the prevailing party is entitled to costs....” 168th & Dodge, L.P. v. Rave Reviews Cinemas, LLC, 501 F.3d 945, 958 (8th Cir.2007). Despite the presumption, exactly which costs will be awarded is a matter left to the discretion of the district court. Poe v. John Deere Co., 695 F.2d 1103, 1108-09 (8th Cir.1982). However, “the district court must provide a rationale for denying the prevailing party's claim for costs.” Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir.2006).

         Title 28, United States Code, Section 1920 expressly identifies the expenses a court may tax as costs against a losing party. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 440 (1987). In relevant part, it provides: A judge ... of any court of the United States may tax as costs the following:

(1) Fees of the clerk and marshal;
(2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and copies of papers necessarily obtained for use in the case;
(5) Docket fees under [' ] 1923 of this title;
(6) Compensation of court appointed experts....

28 U.S.C. § 1920.

         Fees of the clerk

         Federal has requested $400.00 for clerk fees. This will be allowed. Zurich has requested $118.00 as fees of the clerk. Defendant Great American has objected to this request in that Zurich was originally a defendant in this case. Zurich has not produced any documentation of the basis for this request. The Court agrees that since Zurich was originally a defendant, it should not have incurred any filing fee from the clerk. The objection is sustained. The Court will entertain a motion to reconsider this ruling if supported by appropriate documentation.

         Fees for service of ...


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.