United States District Court, D. Hawaii
FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY
IN PART CAMERON RAYMOND'S MOTION FOR TAXABLE COSTS AND
STAY THE TAXATION OF COSTS
Reber Porter United States Magistrate Judge.
the Court is Plaintiff Cameron Raymond's Motion for
Taxable Costs,  filed on April 30, 2019 (Motion). ECF No.
474. Plaintiff requests an award of $5, 022.71 in costs as
the prevailing party in this action under Federal Rule of
Civil Procedure 54. Id. On May 13, 2019, Defendant
Wilcox Memorial Hospital filed its Objections asking the
Court to stay its determination regarding costs until after
the resolution of all post-judgment motions and any appeals.
ECF No. 480. Plaintiff filed his Reply on May 21, 2019. ECF
No. 484. A hearing was held on the Motion on May 28, 2019.
ECF No. 485.
Court FINDS AND RECOMMENDS that Plaintiff's Motion be
GRANTED IN PART AND DENIED IN PART and that the taxation of
costs be STAYED pending the resolution of all post-judgment
motions and any appeals.
April 16, 2019, the Clerk entered judgment in favor of
Plaintiff based on the jury verdict awarding Plaintiff $722,
600.00 in damages. ECF Nos. 463, 471. The district court then
granted Defendant's motion to stay enforcement of that
money judgment on May 2, 2019. ECF No. 476. The matter of
Plaintiff's costs did not arise at the time of
Defendant's motion to stay. Under Rule 54(d)(1),
“[u]nless a federal statute, these rules, or a court
order provides otherwise, costs - other than attorney's
fees - should be allowed to the prevailing party.”
Fed.R.Civ.P. 54(d)(1). In the present Motion, Plaintiff
requests $5, 022.71 in costs as the prevailing party in this
action under Rule 54. Id.
The Court FINDS AND RECOMMENDS that Plaintiff's Motion be
GRANTED IN PART AND DENIED IN PART.
undisputed that Plaintiff is the prevailing party following
the jury's verdict under Rule 54. See ECF No.
480 at 2. As the prevailing party, Plaintiff is entitled to
recover the taxable costs enumerated in 28 U.S.C. §
1. Fees of the clerk and marshal;
2. Fees of the court reporter for all or any part of the
stenographic transcript necessarily obtained for use in the
3. Fees and disbursements for printing and witnesses;
4. Fees for exemplification and copies of papers 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 ...