Opinion
Case No. 09-6073.
August 4, 2011
ORDER
Now on this 3rd day of August, 2011, there comes on for consideration the report and recommendation filed on June 20, 2011 (doc. 15) by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. No objections were filed to the report and recommendations.
The court has reviewed this case and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, Plaintiff's Motion for Default Judgment (doc. 12) is GRANTED.
Plaintiff shall have fourteen (14) days to file a bill of costs pursuant to Rule 54(d) of the Federal Rules of Civil Procedure and 28 U.S.C. § 1920. The U.S. District Clerk is directed to provide Plaintiff with a copy of the Bill of Costs form.
After Plaintiff submits his bill of costs, or after the expiration of the fourteen (14) days, a default judgment will be entered against Defendants for $1,335.00 in compensatory damages, $6,675.00 in punitive damages and any recoverable costs.
IT IS SO ORDERED.
UNITED STATES DISTRICT COURT for the Western District of Arkansas ______________________________ ) ) v. ) Case No.: ) )BILL OF COSTS
Date (itemize on page two) 0.00 28 U.S.C. 1923 28 U.S.C. 1828 (please itemize) 0.00 Judgment having been entered in the above entitled action on _______________________ against __________________________________, the Clerk is requested to tax the following as costs: Fees of the Clerk ..................................................................................... $ _________________ Fees for service of summons and subpoena .............................................................. _________________ Fees for printed or electronically recorded transcripts necessarily obtained for use in the case ...... _________________ Fees and disbursements for printing ................................................................... _________________ Fees for witnesses .............................................................. Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case .............................................................. _________________ Docket fees under ...................................................................... _________________ Costs as shown on Mandate of Court of Appeals ......................................................... _________________ Compensation of court-appointed experts ............................................................... _________________ Compensation of interpreters and costs of special interpretation services under ........ _________________ Other costs .......................................................................... _________________ TOTAL $ SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories.Declaration
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties in the following manner: Name of Claiming Party
[] Electronic service [] First class mail, postage prepaid [] Other: ___________________________________________________________________________________________________ s/ Attorney: ___________________________________________________________________________________________________ Name of Attorney: _______________________________________________________________________________________ For: ______________________________________________________________________________________________ Date: ___________________Taxation of Costs
Clerk of Court Deputy Clerk Date Witness Fees (computation, cf. 28 U.S.C. 1821 for statutory fees) TOTAL Costs are taxed in the amount of _______________________________________________________________ and included in the judgment. ___________________________________________ By: _____________________________________________ __________________________ ATTENDANCE SUBSISTENCE MILEAGE Total Cost NAME, CITY AND STATE OF RESIDENCE Total Total Total Each Witness Days Cost Days Cost Miles Cost $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00NOTICE
Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides:"Sec. 1924. Verification of bill of costs."
"Before any bill of costs is taxed, the partyclaiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed."
See also Section 1920 of Title 28, which reads in part as follows:
"A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree."
The Federal Rules of Civil Procedure contain the following provisions:
RULE 54(d)(1)
Costs Other than Attorneys' Fees.
Unless a federal statute, these rules, or a court order provides otherwise, cost s — other than attorney's fees — should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 day's notice. On motion served within the next 7 days, the court may review the clerk's action.
RULE 6
(d) Additional Time After Certain Kinds of Service.
When a party may or must act within a specified time after service and service is made under Rule 5(b)(2)(C), (D), (E), or (F), 3 days are added after the period would otherwise expire under Rule 6(a).
RULE 58(e)
Cost or Fee Awards:
Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.