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Indiana Coalition for Public Education v. McCormick

United States District Court, S.D. Indiana, Indianapolis Division

November 15, 2018

INDIANA COALITION FOR PUBLIC EDUCATION - MONROE COUNTY AND SOUTH CENTRAL INDIANA, INC., Plaintiff,
v.
JENNIFER MCCORMICK, Defendant. SEVEN OAKS CLASSICAL SCHOOL, INC., Intervenor Defendant.

          ORDER

          Hon. Jane Magnus-Stinson, Chief Judge

         Pending before the Court are Defendants Jennifer McCormick's and Seven Oaks Classical School, Inc.'s (“Seven Oaks”) Bills of Costs, [Filing No. 96; Filing No. 97], and Plaintiff Indiana Coalition for Public Education's (“the Coalition”) Motion for Review of Taxable Costs, [Filing No. 98], all filed after the Court dismissed this matter for lack of subject-matter jurisdiction, [Filing No. 93]. Seven Oaks requests an award of $1, 853.34 and Ms. McCormick requests $1, 490.74 in compensable costs. For the reasons described below, the Court GRANTS Ms. McCormick's request and TAKES UNDER ADVISEMEMENT Seven Oaks' request.

         I. Legal Standard

         The costs that are recoverable by a prevailing party in a civil lawsuit are set forth in 28 U.S.C. § 1920:

         A judge or clerk of any court of the United States may tax as costs the following:

(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under section 1828 of this title.

         A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.

28 U.S.C. § 1920.

         Under Federal Rule of Civil Procedure 54(d), the Court has discretion to tax the costs enumerated in § 1920 against the losing party in an action, and a “strong presumption” exists that the Court will do so. Weeks v. Samsung Heavy Indus. Co., 126 F.3d 926, 945 (7th Cir. 1997) (citation omitted). The losing party “bears the burden of an affirmative showing that the taxed costs are not appropriate.” Beamon v. Marshall & Ilsley Trust Co., 411 F.3d 854, 864 (7th Cir. 2005). “The process for awarding court costs is intended to be summary.” ExtraEquipamentos E Exportacao Ltda. v. Case Corp., 541 F.3d 719, 727 (7th Cir. 2008). The district court should not resolve arguments regarding the winning party's strategy in litigating the case, id., but ...


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