United States District Court, E.D. North Carolina, Western Division
BOBBIE A. JACKSON, Plaintiff,
TYCO ELECTRONICS CORPORATION, Defendant.
ORDER ON BILL OF COSTS
matter is before the clerk on the motion for bill of costs
[DE-45] filed by defendant Tyco Electronics Corporation.
Plaintiff has failed to file any opposition to the motion,
and the time to do so has expired. For the reasons set forth
below, the motion [DE-45] is GRANTED in part.
order filed September 29, 2018 [DE-43], the court granted
defendant's motion for summary judgment. Judgment [DE-44]
was entered in favor of the defendant that same day.
Defendant timely filed its motion for bill of costs [DE-45].
seeks costs under Rule 54(d)(1) as the prevailing party in
this action. See Fed.R.Civ.P. 54(d)(1) ("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."). Federal courts may
assess only those costs listed in 28 U.S.C. § 1920.
See Arlington Cent. Sch. Bd. of Educ. v. Murphy. 548
U.S. 291, 301 (2006); Crawford Fitting Co. v. J.T.
Gibbons. Inc., 482 U.S. 437, 441-42 (1987),
superseded on other grounds by statute. 42 U.S.C.
§ 1988. Local Civil Rule 54.1 "further refines the
scope of recoverable costs." Earp v. Novartis
Pharmaceuticals Corp., No. 5:11-CV-680-D, 2014 WL
4105678, at *1 (E.D. N.C. Aug. 19, 2014). In this case,
defendant seeks recovery of $2, 126.94 in costs from
specifically, defendant requests $1, 050.77 in costs
associated with deposition transcripts. "Fees for
printed or electronically recorded transcripts necessarily
obtained for use in the case" may be taxed as costs. 28
U.S.C. § 1920(2). Defendant submitted the invoice for
the deposition of plaintiff, and the clerk finds that the
transcript was necessarily obtained for use in the case. The
invoice, however includes charges for exhibits, a litigation
package, witness read and sign services, and shipping and
handling. See Mot. for Bill of Costs, Decl. of Counsel, Ex. A
[DE-45-1]. This court has construed 28 U.S.C. § 1920(2)
and Local Civil Rule 54.1 as not encompassing those charges.
See Dutton v. Wal-Mart Stores East, L.P., No.
4:11-CV-94-BO, 2015 WL 1643025, at *2 (E.D. N.C. March 13,
2015) ("In construing 28 U.S.C. § 1920 and Local
Civil Rule 54.1, this court has also denied fees for copies
of deposition exhibits, read and sign, rough drafts,
litigation support packages, ASCII disks, shipping, handling
and expedited processing."); Nwaebube v.
Emplov't Sec. Comm'n of N.C. , No.
5:09-CV-395-F, 2012 WL 3643667, at *1 (E.D. N.C. Aug. 21,
2012) (disallowing costs of exhibit copies); Parrish v.
Johnston Comty. Coll. No. 5:09-CV-22-H, slip. op. at 2-3
(E.D. N.C. Feb. 13, 2012) (observing that "Local Civil
Rule 54.1(c)(1)(a) specifies that taxable costs incident to
the taking of depositions normally include only the court
reporter's fee and the fee for the original transcript of
the deposition"). Accordingly, defendant's request
for transcript fees is granted in part, and defendant's
fees in the amount of $801.50 are taxed pursuant to 28 U.S.C.
also seeks costs "for professional fees related to the
parties' mandatory court-ordered settlement
conference." Mot. for Bill of Costs, Decl. of Counsel
Defendant ¶ 5. "Mediator fees are not recoverable
under section 1920 or Local Civil Rule 54.1(c)."
Hexion Specialty Chems.. Inc. v. Oak-Bark Corp., No.
7:09-CV-105-D, 2012 WL 2458638, at *6 (E.D. N.C. June 27,
2012); see also AM Properties v. Town of Chapel Hill
202 F.Supp.2d 451, 456 (M.D. N.C. 2002) (explaining that
mediator fees are not referenced as taxable costs under
§ 1920 and collecting cases). Defendant's request
for mediator fees in the amount of $676.17 is disallowed.
defendant seeks costs in the amount of $400.00 pursuant to
§ 1920(1) for fees paid to the clerk to remove the
action to this court. The request is allowed.
summary, defendant's motion for bill of costs [DE-45] is
GRANTED in part. Defendant Tyco Electronics Corporation is
awarded costs in the amount of (1) $400.00 for fees paid to
the clerk pursuant to 28 U.S.C. § 1920(1) and (2)
$801.50 for deposition transcripts pursuant to 28 U.S.C.
§1920(2). Total costs in the amount of $1, 201.50 are
taxed against plaintiff Bobbie A. Jackson and shall be
included in the judgment.
 This total includes the cost of the
original deposition transcript ($756.50) and the court