Millsaps v. Iredell County District Attorney's Office, et al.

Summary

The United States District Court for the Western District of North Carolina granted Defendant Ron Hillard’s motion for taxation of costs under Federal Rule of Civil Procedure 54(d)(1). The court awarded $1,130.10 for deposition transcript and videotape costs, finding them reasonably necessary and rejecting good-faith prosecution of the claims as a basis to deny costs.

Holdings

1. A prevailing party is presumptively entitled to an award of costs under Federal Rule of Civil Procedure 54(d)(1), and the presumption may be overcome only by a sufficient reason such as misconduct by the prevailing party or the losing party's inability to pay.
2. The costs of the deposition transcript and videotape were taxable because they were necessarily obtained for use in the litigation and were reasonable.

Questions Presented

1. Whether the prevailing defendant was entitled to taxation of $1,130.10 in deposition transcript and videotape costs under Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920(2).
2. Whether Plaintiff's good faith in pursuing the action constituted sufficient reason to overcome the presumption favoring an award of costs.

Disposition

other