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Greater New York Mutual Ins. Co. v. Lavelle Industries, Inc.

United States District Court, D. Massachusetts

April 25, 2017

GREATER NEW YORK MUTUAL INSURANCE COMPANY, Plaintiff,
v.
LAVELLE INDUSTRIES, INC. and TOTO U.S.A., INC., Defendants.

         MEMORANDUM AND ORDER RE: PLAINTIFF GREATER NEW YORK MUTUAL INSURANCE COMPANY'S MOTION FOR DISALLOWANCE OF COSTS (DOCKET ENTRY # 132); PLAINTIFF GREATER NEW YORK MUTUAL INSURANCE COMPANY'S MOTION FOR DISALLOWANCE OF COSTS (DOCKET ENTRY # 134)

          MARIANNE B. BOWLER, United States Magistrate Judge

         Pending before this court are two motions to disallow costs filed by plaintiff Greater New York Mutual Insurance Company (“plaintiff”). (Docket Entry ## 132, 134). Plaintiff objects to various items in a bill of costs filed by defendant Lavelle Industries, Inc. (“Lavelle”) and another bill of costs filed by defendant Toto U.S.A, Inc. (“Toto”). (Docket Entry ## 131, 133).

         After a seven-day trial, the jury found in favor of Lavelle and Toto (“defendants”) against plaintiff. A final judgement entered on August 3, 2016 dismissing this action on the merits. (Docket Entry # 130). As prevailing parties, Lavelle and Toto each filed a bill of costs. (Docket Entry ## 131, 133). Plaintiff's motions seek to disallow a substantial portion of these costs.

         DISCUSSION

          The recovery of costs is governed by 28 U.S.C. § 1920 (“section 1920”) and Fed.R.Civ.P. 54(d) (“Rule 54(d)”). Section 1920 states that the “judge or clerk of any court of the United States may tax as costs”:

(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 . . .;
(6) Compensation for court appointed experts, compensation for interpreters, and salaries, fees, expenses, and costs of special interpretation services.

28 U.S.C. § 1920. Rule 54(d) requires that costs, other than attorney's fees, be allowed to the prevailing party, unless “a federal statute, these rules, or a court order provides otherwise.” Fed.R.Civ.P. 54(d)(1). Courts are “bound by the limitations” established by section 1920 and costs not listed under that section may not be awarded. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 444-45 (1987).

         I. Cost of ...


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