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Golan v. Veritas Entertainment, LLC

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

November 20, 2017

RON GOLAN, et al. Plaintiffs,
v.
VERITAS ENTERTAINMENT, LLC, et al., Defendants.

          MEMORANDUM AND ORDER

          E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE

         This matter comes before the Court on Defendants Courage 2012, LLC's Motion for Bill of Costs [464] and Dr. James Leininger's Motion for Bill of Costs. [465].

         I. BACKGROUND

         This 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].

         A jury 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.

         II. STANDARD

         Rule 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 for:

(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.

         The 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 ...


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