United States District Court, D. Massachusetts
MEMORANDUM OF DECISION AND ORDER
TIMOTHY S. HILLMAN DISTRICT JUDGE
Foss ("Foss" or "Plaintiff), proceedingpro
se, filed a Complaint against Spencer Brewery
("Spencer Brewery"), St. Joseph Abbey ("St.
Joseph's"), Ruggles Media ("Ruggles"),
Northeastern University ("Northeastern"), Cup of
Julie Show ("Cup of Julie"), and Big Eastern
Exposition ("The Big E") alleging claims for
copyright infringement, tortious interference with business
relations, defamation and violation of the Massachusetts
Consumer Protection Act, Mass.Gen.L. ch. 93 A. On March 19,
2019, 1 granted the motion to dismiss filed by Eastern States
Exposition on behalf of The Big E and Cup of Julie (with
prejudice as to her state law claims, but without prejudice
as to her copyright infringement claims) (Docket No. 8).
See note 1, infra. On April 16, 2019, Foss
filed an Amended Complaint against Spencer Brewery, St.
Joseph's Abbey and Eastern States Exposition
("Eastern Exposition") alleging claims for
copyright infringement. On May 31, 2019, 1 granted the motion
for judgment on the pleadings/motion to dismiss (Docket No.
25) filed by Spencer Brewery and St. Joseph's Abbey, and
the motion to dismiss filed by Eastern Exposition (Docket No.
26). See Docket Entry No. 30. On July 31, 2019,
Eastern Exposition filed a Bill of Costs (Docket No. 32),
seeking reimbursement of costs in the amount of $1, 835.00.
Foss did not file a motion for disallowance of costs. For the
reasons set forth below, Eastern Exposition's Bill of
Costs is denied.
Exposition has filed a Bill of Costs pursuant to F.R.C.P.
54(d) and 28 U.S.C. 1920. The awarding of costs is within the
discretion of the court. Osorio v. One World Techs.,
Inc., 834 F.Supp.2d 20, 22 (D. Mass.
2011)("Although there is an underlying presumption
favoring cost recovery for prevailing parties, a district
court has broad discretion under Rule 54(d) to refuse to
Nevertheless, by defining the term 'costs' as used in
Rule 54(d), Section 1920 constrains a court's power to
determine which expense categories constitute taxable costs.
Accordingly, any discretion accorded by Rule 54(d) is a
negative one; courts have the power to decline to tax, as
costs, the items enumerated in Section 1920, but they lack
any discretion independent of the statute to tax other
expenses as costs. There is a presumption favoring cost
recovery for prevailing parties, and a court may not exercise
its discretion to disallow a prevailing party's bill of
costs without articulating reasons for doing so.
Sharp v. Hylas Yachts, Inc., No. CV 11-11814-JCB,
2016 WL 10654435, at *1 (D. Mass. June 14, 2016).
to Section 1920:
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 ...