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Gallagher v. IBEW Local Union No. 43

December 10, 2008

MICHAEL GALLAGHER, PLAINTIFF,
v.
THE IBEW LOCAL UNION NO. 43, BURNS ELECTRIC CO., INC., AND RIDLEY ELECTRIC, DEFENDANTS.



The opinion of the court was delivered by: Lyle E. Strom, Senior Judge United States District Court

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff Michael Gallagher's ("Gallagher") motion to strike the bill of costs of defendants Ridley Electric ("Ridley") and the IBEW Local Union No. 43 (the "Union") (Filing Nos. 147, 152).

BACKGROUND

Following a bench trial, the Court dismissed Gallagher's complaint with prejudice on October 15, 2008 (Filing No. 144). On October 24, 2008, Ridley filed a revised bill of costs (Filing No. 146), and on November 12, 2008, the Union filed a bill of costs (Filing No. 148). Gallagher moved to strike both bills of costs (Filing Nos. 147, 152).

DISCUSSION

Rule 54(d) of the Federal Rules of Civil Procedure permits the Court to award the prevailing party its costs. United States for Use and Benefit of Evergreen Pipeline Const. Co. v. Merritt Meridian Const. Corp., 95 F.3d 153, 171 (2d Cir. 1996). However, the Court may only award costs that are authorized by statute or contract. Id. If costs are authorized, the Court has discretion to determine the recoverable amount.

Id. Title 28, U.S.C. § 1920 identifies the costs that may be awarded to a prevailing party. Section 1920 provides:

A judge or clerk of any court of the United States may tax as costs the following:

(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 ...


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