United States District Court, E.D. Michigan, Southern Division
MARKS ONE CAR RENTAL, INC., MARKS ONE LLC, d/b/a/ MARKS ONE COLLISION, and MAHER WAAD, Plaintiffs,
FARMERS INSURANCE EXCHANGE, Defendant.
ORDER DENYING PLAINTIFFS' REQUEST FOR A WAIVER
AND OBJECTIONS TO DEFENDANT'S BILL OF COSTS AND REQUEST
FOR A STAY OF PROCEEDINGS PENDING APPEAL (Doc. 292)
COHN UNITED STATES DISTRICT JUDGE
a business tort case. Marks One Car Rental, Inc., Marks One,
LLC, Marks One Collision (collectively Marks One) and Maher
Waad (Waad), collectively “plaintiffs, ” sued
Farmers Insurance Exchange (Farmers). Broadly stated, plaintiffs
alleged that Farmers defamed plaintiffs to customers and
potential customers during fraud investigations into
plaintiffs' repair and rental activity. The Court granted
Farmers' motion for summary judgment (Doc. 285).
Plaintiffs have appealed. (Doc. 288). Farmers filed a Bill of
Costs. (Doc. 286). The Clerk taxed costs in the amount of $9,
576.05 (Doc. 290).
the Court is plaintiffs' paper styled
“Plaintiffs' Request for a Waiver and Objections to
Defendants' Bill of Costs and Request for a Stay of
Proceedings Pending Appeal.” (Doc. 292). For the
reasons that follow, the request is DENIED.
Taxed Costs Were Appropriate
initial matter, Fed. R. Civil P. 54(d)(1) provides:
“Unless a federal statute, these rules, or a court
order provides otherwise, costs - other than attorney's
fees - should be allowed to the prevailing party.”
Fed.R.Civ.P. 54(d)(1) The categories of recoverable costs are
set forth in 28 U.S.C. § 1920 and in the Eastern
District of Michigan's Bill of Costs Handbook. The costs
requested by Farmers and awarded by the Clerk all fall within
the requisite categories, i.e. service fees, court reporter
fees, and witness fees. In other words, the taxed costs were
accurate and appropriate.
Plaintiffs are Not Entitled to a Wavier of the Taxed Costs
seek a waiver of the taxed costs. In considering whether to
waive taxed costs, a court looks to factors such as whether:
1) the costs are “unnecessary or unreasonably
large;” 2) whether the prevailing party
“unnecessarily prolong[ed] trial or inject[ed]
unmeritorious issues;” and 3) if the case was
“close and difficult.” White & White,
Inc. v. Hosp. Supply Corp., 786 F.2d 728, 730 (internal
quotations omitted). Factors the trial court should not
consider include “the size of a successful
litigant's recovery, and the ability of the prevailing
party to pay his or her own costs.” Id.
Moreover, the “good faith a losing party demonstrates
in filing, prosecuting or defending an action” is an
“insufficient basis for denying costs.”
plaintiffs says that the taxed costs should be waived because
“the litigation raised serious questions that were not
readily or necessarily properly resolved, ” that their
own costs were significant, and that “[l]itigants
should not be fearful of bringing legitimate claims and the
imposition of costs without thoughtful consideration raises
such fears.” (Doc. 292.) None of these asserted grounds
are relevant and do not provide a reason to deviate from the
presumption that costs should be assessed. As such,
plaintiffs' request to waive costs is denied.
Plaintiffs are Not Entitled to a Reduction in the Taxed Costs
also request that the Court waive or reduce some of the taxed
costs incurred with respect to certain deposition transcripts
because plaintiffs have identified various different prices
per page charged by the same court reporting company.
Plaintiffs, however, do not cite any authority to challenge
the reasonableness of what a third party vendor might charge.
Accordingly, the are not entitled to a reduction in the
amount of the taxed costs.
Plaintiffs are Not Entitled to a Stay Unless they Post a Bond
plaintiffs request the Court “stay the process of
taxing costs until the appeal has been resolved” or
until the completion Sixth Circuit Court of Appeals's
mediation process. While the parties may defer proceeding on
taxed costs pending appeal, they are not required to do so.
See Bill of Costs Handbook, Nov. 2013 edition. ...