United States District Court, W.D. New York
June 28, 2005.
STEVEN D. DREYER and ROBERTA M. DREYER, Plaintiffs,
RYDER AUTOMOTIVE CARRIER GROUP, INC., RYDER AUTOMOTIVE OPERATIONS, INC. d/b/a DELAVAN, DELAVAN INDUSTRIES, INC., RYDER SYSTEM, INC. and RYDER AUTOMOTIVE CARRIER SERVICES, INC. Defendants.
The opinion of the court was delivered by: RICHARD ARCARA, District Judge
DECISION AND ORDER
On June 3, 2005, plaintiffs filed a proposed judgment,
affidavits and a memorandum in support of the proposed judgment.
On June 15, 2005, defendants filed objections to the plaintiffs'
proposed judgment, as well as a proposed judgment. Defendants did
not file a supporting memorandum of law. On June 24, 2005,
plaintiffs filed a reply memorandum of law.
In their objections to plaintiffs' proposed judgment,
defendants challenge plaintiffs' claimed litigation expenses of
$43,511 and argue that plaintiffs should be required to submit a
Bill of Costs pursuant to the Federal Rules of Civil Procedure
and Title 28 of the United States Code. The Court notes that the "costs" allowable under Rule 54 of the Federal
Rules of Civil Procedure and 28 U.S.C. § 1920, and chargeable to
the defendants separate from the amount of the judgment, are different from
and more limited than "litigation expenses" for which counsel may seek
reimbursement from his client. Nevertheless, the Court concludes that the
plaintiffs should submit a Bill of Costs as well as a separate, itemized
list of litigation expenses, including the amount of each expense and the
date on which each expense was incurred. Counsel should also provide proof
of his claim to one-third of plaintiffs' recovery as compensation.
Plaintiffs are ordered to file with the Court no later than July 11, 2005:
1. An itemized accounting of the claimed litigation
expenses totaling $43,511;
2. A Bill of Costs pursuant to 28 U.S.C. § 1920 and
Rule 54 of the Federal Rules of Civil Procedure; and
3. A copy of the retainer agreement between
plaintiffs and counsel or, only if no such retainer
agreement exists, other competent proof that counsel
is entitled to the compensation percentage claimed in
the proposed judgment. The retainer agreement may be
submitted to the Court for in camera inspection and
for filing under seal. Defendants' objections, if
any, to the claimed costs or litigation expenses shall be filed no later than July 18, 2005.
Upon the Court's review of the submissions, counsel
may be further directed to prepare a second proposed
IT IS SO ORDERED.
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