VIRGINIA M. HERNANDEZ COVINGTON, District Judge.
This cause comes before the Court in consideration of Plaintiff Powercore, Inc.'s Motion to Tax Costs (Doc. #15), filed on May 20, 2015. For the reasons that follow, the Court grants the Motion in part.
On March 31, 2015, Plaintiff initiated this action against Defendant Western Surety Company. (Doc. #1). The Complaint alleges that Defendant is liable to Plaintiff as the surety on a bond posted pursuant to the Miller Act, 40 U.S.C. § 3131 et seq., for the unpaid balance of $20,000.00 that is due and owing for work performed pursuant to the construction contract between Plaintiff and bond principal. (Doc. #1-2).
Plaintiff effected service on Defendant on April 6, 2015. (Doc. ##5-6). Defendant failed to file a responsive pleading or any other document. Therefore, on April 30, 2015, Plaintiff filed an application for Clerk's default against Defendant (Doc. #8), and on May 1, 2015, the Clerk issued its entry of default against Defendant, pursuant to Fed. R. Civ. P. 55(a) (Doc. #9).
Plaintiff subsequently filed a Motion for Entry of Default Final Judgment (Doc. #12), which this Court granted (Doc. #13). Accordingly, on May 18, 2015, the Clerk entered a judgment in favor of Plaintiff and against Defendant in the amount of $20,000.00. (Doc. #14). Thus, Plaintiff is the prevailing party in this matter. Thereafter, on May 20, 2015, Plaintiff filed the present Motion. (
"Federal Rule of Civil Procedure 54(d)(1) prescribes an award of costs for a prevailing party unless a federal statute, the Federal Rules of Civil Procedure, or a court order provides otherwise."
Specifically, pursuant to 28 U.S.C. § 1920, the following may be taxed as costs under Fed. R. Civ. P. 54(d)(1):
28 U.S.C. § 1920;
The party seeking an award of costs or expenses bears the burden of submitting a request that enables a court to determine what costs or expenses were incurred by the party and the party's entitlement to an award of those costs or expenses.
In conjunction with its Motion, Plaintiff submitted a proposed bill of costs amounting to $487.00. (
Plaintiff seeks to recover fees paid to the Clerk in the amount of $400.00. A review of the record reveals that $400.00 was the cost associated with Plaintiff initiating this action against Defendant. Thus, the Court determines that Plaintiff's request to recover fees paid to the Clerk is appropriate. Accordingly, Plaintiff's Motion is granted as to the $400.00 cost for the filing fee in this action.
Plaintiff also seeks to recover "[f]ees for service of summons and subpoena" in the amount of $87.00. (Doc. #15 at 2; Doc. #16). "The fees for service of process by private process servers are recoverable under § 1920, as long as the fees do not exceed the amount charged by the United States Marshal for service of process."
Here, Plaintiff seeks to recover $87.00 in "fees for service of summons and subpoena." (Doc. #15 at 2; Doc. # 16). In support of its request, Plaintiff submits that the amount was "necessarily incurred ... and the services for which the costs were incurred were actually and necessarily performed." (Doc. #15). This contention is supported by the Declaration of Neil A. Saydah, Plaintiff's counsel. (
However, the Court notes that Plaintiff has failed to provide documented travel expenses or other out-of-pocket costs incurred by the private process server to justify the $87.00 request. In the absence of such justification, the Court determines that $65.00 is an appropriate recovery for the service of Defendant.
Accordingly, it is now
Plaintiff Powercore, Inc.'s Motion to Tax Costs (Doc. # 15) is