Opinion
Case No. 1:95CV94K
September 26, 2000
ORDER REGARDING ROGER G. PATTON'S BILL OF COSTS
This matter is before the court on Defendant Roger G. Patton's ("Patton") Bill of Costs. The court has reviewed the materials submitted by the parties, and now being fully advised, the court renders the following Order.
On May 7, 1998, Patton filed a Memorandum of Costs in the amount of $2,411.05. This amount includes $752.05 for deposition transcripts, $195.70 for copy costs, and $1,463.30 for "other expenses," including travel costs related to traveling to Salt Lake City for his initial client meeting and his deposition, long distance telephone charges, shipping charges, and costs of fascimiles.
On May 27, 1998, Plaintiffs filed an objection to the Cost Bill, claiming, among other things that it was premature because a final judgment had not been rendered. Subsequently, this court entered final judgment on all claims, and Plaintiffs appealed. Plaintiffs, however, did not appeal Patton's dismissal.
Plaintiffs also objected because Patton failed to file a memorandum of costs, as required by the local rules, and also because $1,142.22 of Patton's costs were for travel expenses for his deposition, which, Plaintiffs claim, are not taxable under 28 U.S.C. § 1920.
Rule 54(d)(1) of the Federal Rules of Civil Procedure provides:
Except when express provision therefor is made either in a statute of the United States or in these rules, costs other than attorneys' fees shall be allowed as a matter of course to the prevailing party unless the court otherwise directs . . .
Fed.R.Civ.P. 54(d)(1). The word "costs" in Rule 54(d) is a term of art, defined by 28 U.S.C. § 1920. While this court is given broad discretion in awarding costs, "`it has no discretion to award items as costs that are not set out in section 1920.'" Griffin v. Strong, 827 F. Supp. 683, 689 (D. Utah 1993) (quoting Bee v. Greaves, 910 F.2d 686, 690 (10th Cir. 1990)). Only the following items may be taxed as costs:
(1) Fees of the clerk and marshal; (2) Fees of the court reporter for all or any part of the stenographic transcript necessarily obtained for the use in the case; (3) Fees and disbursements for printing and witnesses; (4) Fees for exemplification and copies of papers necessarily obtained for use in the case; (5) Docket fees under section 1923 of [Title 28]; (6) Compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of [Title 28].28 U.S.C. § 1920.
Thus, the court cannot award Patton his requested costs for "other expenses," including travel costs related to traveling to Salt Lake City for his initial client meeting and his deposition, long distance telephone charges, shipping charges, and costs of fascimiles because these are allowable costs under 28 U.S.C. § 1920. However, the remainder of his costs are taxable.
For the foregoing reasons, and good cause appearing, IT IS HEREBY ORDERED that Defendant Patton is awarded costs in the amount of $947.75.