JOHN A. ROSS, District Judge.
This matter is before the Court on cross motions for bills of costs. This action was filed by FedEx drivers challenging their status as independent contractors under Missouri law and asserting claims for fraudulent misrepresentation. The claims of eleven of the 24 plaintiffs in the above-captioned matter, Reginald Gray, Jammie Hill, Marcus Holmes, Roy Patton, Jr., James Tichenor, Carl Tucker, Bobby Brown, Michael Jost, Rich Mitchell, John Waweru, and Kevin Pour, came before a jury for trial on April 7, 2014. On April 28, 2014, the jury returned a verdict in favor of Reginald Gray, Jammie Hill, Marcus Holmes, James Tichenor, Carl Tucker, Bobby Brown, Michael Jost, Richard Mitchell, and John Waweru and in favor of Defendant FedEx on the claims of Roy Patton, Jr. and Kevin Pour. On May 12, 2014, the Court entered judgment based on the jury's verdict. (Doc. No. 550) On May 15, 2014, Plaintiffs filed their Motion for Bill of Costs, asserting entitlement to costs pursuant to Federal Rule of Civil Procedure 54 and 28 U.S.C. § 1920 in the amount of $68,750.54. On May 29, 2014, FedEx filed its objections to Plaintiffs' Bill of Costs. (Doc. No. 562) Plaintiffs filed a reply on June 5, 2014. (Doc. No. 566) On June 2, 2014, Defendant FedEx filed its Motion for Bill of Costs in the amount of $33,428.10 against Plaintiff Roy Patton, Jr. and $34,510.90 against Plaintiff Kevin Pour. Plaintiffs filed their objections to FedEx's bill of costs on June 16, 2014. (Doc. No. 574) FedEx did not file a reply. These matters are, therefore, fully briefed and ready for disposition.
Rule 54(d) of the Federal Rules of Civil Procedure provides that "costs-other than attorney's fees-should be allowed to the prevailing party."
Plaintiffs have submitted a bill of costs in the amount of $68,750.54, which includes $450.00 for fees of the clerk; $16,947.42 for printed or electronically recorded transcripts; $5,100.00 for fees and disbursements for printing; $1,451.01 for witness fees; $4,998.65 for copying expenses; and $39,803.46 for expert witness fees. FedEx generally objects to Plaintiffs' bill of costs to the extent such costs reflect the entire amount of certain shared costs of the Gray litigation, with no attempt to calculate amounts recoverable proportionate to the nine plaintiffs who prevailed at trial. FedEx also objects to the extent the costs sought were not necessary, or wholly unrelated to the litigation, or reflect expenses that are not recoverable in accordance with Rule 54 and 28 U.S.C. §§ 1920, 1821. (Doc. No. 562, p. 2)
FedEx argues that, to the extent the costs claimed are not specific to the prevailing parties, or are more properly considered as shared costs among all 24 Gray plaintiffs, they are not fully recoverable under Rule 54(d)(1). FedEx contends a pro rata discount is necessary to accurately reflect the amount of such costs attributable to only those nine plaintiffs who prevailed.
FedEx cites no authority in support of a pro rata reduction. Of course, costs are only taxable to the prevailing party. Fed.R.Civ.P. 54(d)(1). Further, in this Circuit there is a presumption in favor of awarding costs to a prevailing party.
FedEx objects to the costs for the deposition transcripts and exhibits of Dennis Dewitt, former terminal manager in the St. Joseph, Missouri terminal ($1,593.80) and Daniel Huesman, former terminal manager in the Sikeston, Missouri terminal ($1,137.65) on the grounds that neither deposition relates specifically to the Gray case and were actually taken in the companion case of David Wells, et al. v. FedEx Ground Package System, Inc., Cause No. 4:10-cv-2080 JAR. (Doc. No. 562, p. 5) Plaintiffs respond that they deposed Dewitt and Huesman to aid in their understanding of FedEx's policies and procedures and their application in Missouri, and relied on their deposition testimony in their motion for partial summary judgment on employment status. (Doc. No. 566, pp. 7-8)
The Court has broad discretion to tax costs of a deposition which are reasonably necessary to the case and which were not taken solely for investigative purposes.
FedEx objects to the $39,803.46 in fees claimed by Plaintiffs relating to their expert Douglas Miller. (Doc. No. 562, pp. 5-8) In
Costs associated with delivery of depositions are not recoverable under § 1920(2).
FedEx objects to Plaintiffs' copying charges of $5,100.00 in the absence of documentation or supporting invoices. (Doc. No. 562, p. 9) Plaintiffs respond that they provided the "best breakdown" available from their records.
Here, Plaintiffs' counsel submitted an affidavit stating these charges were incurred for the purpose of copying "Plaintiffs' records and documents for production to Defendant in response to Defendant's discovery requests," including but not limited to, tax returns, settlement statements, receipts, Daily Service Records, inspection forms, operating agreements and addenda, business records, and copies of FedEx Ground training material, and estimated based on "the information available to Plaintiffs' counsel." (Toma Aff., ¶¶ 7-9) Given that this litigation has been ongoing for eight years, the Court finds the amount requested by Plaintiffs is reasonable. The Court awards Plaintiffs costs of $5,100.00 for copies necessarily obtained for use in the case.
FedEx has submitted a bill of costs against Patton in the amount of $33,428.10, and against Pour in the amount of $34,510.90, both of which include $20.85 for fees of the clerk; $223.84 for witness fees; $919.13 for copying expenses; and $29,046.26 for a pro-rated expert witness fee.
Plaintiffs generally object on the grounds that FedEx is not the prevailing party. (Doc. No. 574, pp. 3-7) The Court agrees. A prevailing party is "`[a] party in whose favor a judgment is rendered, regardless of the amount of damages awarded[.]'"
The issue of Plaintiffs' employment status was the lynchpin of this case. The Court decided this issue in favor of Plaintiffs on summary judgment, thereby materially altering the legal relationship between Plaintiffs and FedEx. As argued by Plaintiffs, no subsequent claim for fraudulent misrepresentation could have been brought without a determination of their employment status. Plaintiffs' success on the main issue in the case makes them prevailing parties for purposes of costs under Rule 54(d)(1).
Because there is no compelling reason to depart from Rule 54(d)'s standard procedure of awarding the prevailing party its costs, the Court will award costs to Plaintiffs and deny FedEx's motion for costs. Accordingly,
(Doc. No. 562, pp. 3-4)