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Harrison v. SSM Audrain HealthCare, Inc.

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

April 9, 2019

MARY J. HARRISON, Plaintiff,
v.
SSM AUDRAIN HEALTHCARE, INC., Respondent.

          MEMORANDUM AND ORDER

          E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE.

         This matter comes before the Court on Defendant SSM Audrain Healthcare, Inc.'s Bill of Costs [68].

         BACKGROUND

         On March 10, 2017, Plaintiff Mary J. Harrison (“Plaintiff”) filed a complaint against SSM Audrain Healthcare, Inc. (“Defendant”) for alleged age discrimination. ECF No. 1. On, January 4, 2019, this Court granted Defendant's Motion for Summary Judgement [ECF No. 59] on all remaining claims. Defendant filed a motion for a bill of costs to which Plaintiff has objected.

         BILL OF COSTS STANDARD

         A district court has broad discretion over awarding of costs to a prevailing party. Blakley v. Schlumberger Technology Corp., 648 F.3d 921, 930 (8th Cir. 2011) (citation omitted). Before any bill of costs is taxed, the party claiming any item of cost or disbursement must attach an affidavit, having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that services for which fees have been charged were actually and necessarily preformed. 28 U.S.C. §1924. Costs which may be taxed include:

(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 [Title 28 U.S.C.];
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of [Title 28 U.S.C.].

28 U.S.C. §1920. The losing party bears the burden of overcoming the presumption the prevailing party is entitled to recover all costs covered by §1920. Stanley v. ...


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