JOHN R. TUNHEIM, District Judge.
Following dismissal of her disability discrimination, retaliation, and state law whistleblower claims on summary judgment, Lenzen now objects to the entry of a cost judgment against her. Because the Court finds that Lenzen has not proffered any sound reason for upsetting the presumption in favor of awarding costs to the prevailing party, Lenzen's objections will be overruled.
"A prevailing party is presumptively entitled to recover all of its costs." In re Derailment Cases, 417 F.3d 840, 844 (8
Lenzen presents two colorable objections to the cost judgment: (1) the unfairness of awarding costs given the large economic disparity between the parties, and (2) Workers Compensation Insurance Association's (hereinafter "WCRA") potential recovery of duplicating costs for documents that should already have been in its possession.
Lenzen first argues that the award of costs is improper in view of the "large economic disparity" between the parties. In deciding whether to award costs, the district court may consider a losing party's limited financial resources. See Stanley v. Univ. of S. California, 178 F.3d 1069, 1079 (9
In support of this argument, Lenzen submits a social security benefit statement, noting that she received a total of $14,107.80 in benefits during 2011, and WCRA's annual report showing $92 million in comprehensive income for 2010. The Court finds this information woefully insufficient to support a determination that Lenzen is unable to pay the cost judgment. Lenzen offers no indication of her overall financial resources, nor does she provide any information about her future ability to pay. See, e.g., Rivera v. Chicago, 469 F.3d 631, 637 (7
Lenzen next objects to being taxed for the cost of WCRA's obtaining documents that it "already has or should have," namely Lenzen's medical records, social security records, and records stemming from proceedings before the Minnesota Department of Human Rights ("MDHR") to which WCRA was a party. Copy and exemplification fees may be awarded if the copies were "necessarily obtained for use in the case." 28 U.S.C. § 1920(4). The necessity determination must be made in light of the facts known at the time the fees were incurred, without regard to intervening developments that later render the materials unneeded. See Zotos v. Lindbergh Sch. Dist., 121 F.3d 356, 363 (8
Lenzen lodges a vague, one-paragraph objection that requesting these documents was investigative and duplicative. The Court finds this objection insufficient to carry Lenzen's burden to show that assessment of fees for obtaining copies of her medical records, social security records, and MDHR documents is inequitable under the circumstances. See Concord Boat Corp., 309 F.3d at 498 (observing that the losing party bears the burden of showing that an award is inequitable). At most, Lenzen's objection amounts to a general statement of unfairness, which is insufficient to overcome an award of costs to the prevailing party. Thompson, 472 F.3d at 517. Lenzen offers, for example, no rationale as to why — or evidence demonstrating that — obtaining complete copies of her medical records, social security records, and MDHR documents was unnecessary or duplicative in this case. Moreover, Lenzen does not dispute WCRA's contention that she provided very limited information about her social security benefits in discovery, nor that the documents WCRA requested from MDHR included documents that WCRA would not already have possessed. Absent any reason to believe otherwise, the Court finds that WCRA was entitled to obtain complete copies of Lenzen's medical and social security records, and relevant documents from the MDHR because information typically contained in these documents plainly bears on the merits of a disability discrimination claim. In sum, the Court will not disturb the presumption that WCRA is entitled to its costs in the absence of any persuasive reason to do so.
Based on the foregoing, and the records, files, and proceedings herein,