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Raymond v. Wilcox Memorial Hospital

United States District Court, D. Hawaii

May 29, 2019

CAMERON RAYMOND, Plaintiff,
v.
WILCOX MEMORIAL HOSPITAL, Defendant.

          FINDINGS AND RECOMMENDATION TO GRANT IN PART AND DENY IN PART CAMERON RAYMOND'S MOTION FOR TAXABLE COSTS AND STAY THE TAXATION OF COSTS

          Wes Reber Porter United States Magistrate Judge.

         Before the Court is Plaintiff Cameron Raymond's Motion for Taxable Costs, [1] 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.

         The 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.

         DISCUSSION

         On 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.

         A. The Court FINDS AND RECOMMENDS that Plaintiff's Motion be GRANTED IN PART AND DENIED IN PART.

         It is 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. § 1920, including:

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 case;
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 ...

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