United States District Court, E.D. Missouri, Eastern Division
RON GOLAN, et al. Plaintiffs,
VERITAS ENTERTAINMENT, LLC, et al., Defendants.
MEMORANDUM AND ORDER
RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE
matter comes before the Court on Defendants Courage 2012,
LLC's Motion for Bill of Costs  and Dr. James
Leininger's Motion for Bill of Costs. .
lawsuit originated in the Circuit Court of St. Louis County,
Missouri, when Plaintiffs Ron Golan and Dorit Golan
(“Plaintiffs”) filed a petition against Veritas
Entertainment, LLC, Veritas Marketing Group, LLC,
Freeeats.com (doing business as ccAdvertising), AIC
Communications, LLC (doing business as ccAdvertising),
Gabriel S. Joseph, III, Stephen Wayne Griffin, Mission City
Management, Incorporated (“Mission City”),
Courage 2012, LLC (“Courage”), Dr. James
Leininger (Dr. Leininger), SixD, Incorporated, Bob Brewer,
and Michael Huckabee alleging these Defendants violated the
Telephone Consumer Protection Act by making unsolicited
pre-recorded calls to residential telephone lines. [ECF No.
1]. On January 15, 2014, Mission City removed the case to
this Court pursuant to 28 U.S.C. §§ 1331, 1332,
1441, 1446, and 1453. [ECF No. 1]. Defendants Michael
Huckabee, Bob Brewer, SixDi, Incorporated, and Mission City
were subsequently dismissed from the case. [ECF No. 127].
trial was conducted from August 7, 2017, to August 16, 2017.
At the close of Plaintiffs' evidence, the Court granted
Plaintiffs' Motion for Judgment as a Matter of Law
against Defendants Gabriel S. Joseph, FreeEats.com and AIC
Communications, LLC. [ECF No. 429]. On August 15, 2017, the
Court granted Plaintiffs' motion to dismiss Defendants
Courage, Veritas Marketing Group, LLC, and Stephen Wayne
Griffin with prejudice. [ECF No. 432]. The jury found in
favor of Dr. Leininger on August 16, 2017. [ECF No. 440]. On
October 4, 2017, a default judgment was entered against
Veritas Entertainment, LLC. [ECF No. 475]. Defendants Courage
and Dr. Leininger (“Defendants”) now seek to
recover costs from Plaintiffs.
54(d) of the Federal Rules of Civil Procedure
(“FRCP”) provides “costs-other than
attorney's fees-should be allowed to the prevailing
party.” See also In re Derailment Cases, 417
F.3d 840, 844 (8th Cir. 2005) (“A prevailing party is
presumptively entitled to recover all of its costs.”).
Pursuant to 28 U.S.C. § 1920, the Court may tax 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 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
Court may not award costs other than those authorized by
§ 1920, because this section “imposes rigid
controls on cost-shifting in federal courts[.]”
Brisco-Wade v. Carnahan, 297 F.3d 781, 782 (8th Cir.
2002) (internal citations omitted). However, upon objection
by the opposing party as to authorized costs, the Court may
exercise its discretion to grant or deny costs. Pershern
v. Fiatallis N. Am., Inc., 834 F.2d 136, 140 (8th Cir.
1987). A district court's ...