GREGORY J. KELLY, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
On February 13, 2014, the Court entered judgment in favor of Defendants and against Plaintiff. Doc. No. 144. On February 27, 2014, Defendants, as the prevailing parties, filed a proposed Bill of Costs seeking a total of $7,322.19 in costs. Doc. No. 149. On March 3, 2014, Plaintiff filed a Notice of Appeal. Doc. No. 150. On March 14, 2014, the Clerk, without objection from Plaintiff, taxed $7,322.19 in costs to Plaintiff. Doc. No. 154.
On March 18, 2014, Plaintiff filed a Motion to Vacate Bill of Costs Taxed (the "Motion"). Doc. No. 156. Plaintiff argues that the Bill of Costs should be vacated for three (3) reasons: 1) Defendants did not preserve their claim for costs in their amended answer nor by pretrial stipulation pursuant to Local Rule 4.18(a); 2) Defendants failed to file a separate motion or petition for costs within fourteen (14) days of judgment or comply with Local Rule 3.01(g); and 3) the bill of costs entered by the Clerk includes costs that are not recoverable pursuant to 28 U.S.C. § 1920. Doc. No. 156 at 1-3.
On April 1, 2014, Defendants filed a response in opposition to the Motion. Doc. No. 158. Specifically, Defendants argue that they preserved their right to costs in the wherefore clause of their answer (Doc. No. 27),
Costs are generally awarded under Rule 54(d), Federal Rules of Civil Procedure, which provides that costs other than attorney's fees "should be allowed to the prevailing party" unless a federal statute, the Federal Rules of Civil Procedure, or court order provides otherwise. Fed. R. Civ. P. 54(d)(1). This rule creates a presumption in favor of awarding costs to the prevailing party. Arcadian Fertilizer, L.P. v. MPW Indus. Servs., Inc., 249 F.3d 1293, 1296 (11th Cir. 2001).
Plaintiff raises a threshold argument with respect to whether Defendants preserved their claim for costs. Doc. No. 156 at 1-2. Plaintiff argues that Defendants did not preserve their claim for costs because they did not request costs in their answer or pretrial stipulation. Id. (citing Local Rule 4.18(a); Saadi v. Maroun, Case No. 8:07-cv-1976-T-24MAP, 2009 WL 4730533, at *3 (M.D. Fla. Dec. 7, 2009)).
As for Plaintiff's remaining arguments, Defendants, while maintaining that they properly requested costs, concede that they are not entitled to certain costs and withdrew their request for those costs. Doc. No. 158 at 5-6. As a result, Defendants maintain that they are entitled to $5,534.68 in costs, as opposed to $7,322.19 in costs. Doc. No. 158 at 11. In light of Defendants' concession, the Bill of Costs should be vacated. In the interest of efficiency and judicial economy, the undersigned recommends that the issue of costs should be deferred until after the Eleventh Circuit has entered judgment in this matter. For these reasons, it is
Accordingly, it is
Failure to file written objections to the proposed findings and recommendations contained in this report within fourteen (14) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal.