United States District Court, W.D. New York
Paul F. Keneally, Esq., Underberg & Kessler, LLP, Rochester, New York, Timothy J. Haller, Esq., Christopher J. Lee, Esq., David J. Mahalek, Esq., Robert A. Conley, Esq., Niro, Haller & Niro, Chicago, Illinois, for Plaintiff.
Neil A. Goteiner, Esq., Jessica Nall, Esq., Farella, Braun and Martel LLP, San Francisco, California, for Defendants.
DECISION AND ORDER
CHARLES J. SIRAGUSA, District Judge.
This was an action asserting a claim for breach of contract, relating to a commercial non-disclosure agreement. On October 28, 2014, the Court granted Defendant's motion for summary judgment and dismissed the action. The reader is presumed to be familiar with the Decision and Order [#123] granting summary judgment. Now before the Court is Defendant's proposed bill of costs [#125], and Plaintiff's objections thereto. Defendant is seeking a total of $61, 622.17 in costs.
Fed. R. Civ. P. 54(d)(1) states in pertinent part that "[u]nless a federal statute, these rules, or a court order provides otherwise, costs-other than attorney's fees-should be allowed to the prevailing party." Moreover, 28 U.S.C. § 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 services under section 1828 of this title.
A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.
20 U.S.C.A. § 1920 (Westlaw 2015). This provision is not intended to reimburse the successful party's total litigation expenses, but instead, is intended to cover only specifically-enumerated "relatively minor, incidental expenses."
With regard to the taxability of certain items of cost, the Local Rules of Civil Procedure for the Western District of New York provide further guidance. More specifically, Local Rule 54 incorporates by reference, and refers litigants to, the Court's ...