Free Order - District Court of Connecticut - Connecticut

Case 3:01-cv-02183-AVC

Document 63

Filed 11/01/2005

Page 1 of 2

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EDWARD BOGANSKI Vs. CITY OF MERIDEN BOARD OF EDUCATION and JOHN CORDANI : : : CASE NO. 3:01CV2183(AVC) : : :

RULING ON DEFENDANTS' BILL OF COSTS Judgment entered for the defendants on August 23,2005, after a ruling entered granting the defendants' motion for summary judgment. Defendants filed a bill of costs on October 3, 2005. For the reasons stated below, defendants' bill of costs is granted in part and denied in part. I. COURT REPORTER FEES: Pursuant to Local Rule 54(c)2(ii), the cost of an original and one copy of deposition transcripts are recoverable as costs, if used at trial in lieu of live testimony, for cross-examination or impeachment, if used in support of a successful motion for summary judgment, or if they are necessarily obtained in preparation of the case and not for the convenience of counsel. Defendants submit claims for court reporter's fees for the depositions of Edward Boganski taken on February 10, 2005, in the amount of $653.49 and on February 22, 2005, in the amount of $723.98; and Kathleen McParland taken on March 17, 2005, in the amount of $564.45. The claims are broken down individually as follows: Edward Boganski: Defendants submit claims in the amount of $653.49 and $723.98 for depositions taken on February 10, 2005, and February 22, 2005, respectively. These claims are allowed as submitted. Kathleen McParland: Defendants submit a claim in the amount of $564.45 for the deposition taken March 17, 2005. This claim is allowed as submitted.

Case 3:01-cv-02183-AVC

Document 63

Filed 11/01/2005

Page 2 of 2

II. Fees for Exemplification and Copies of Papers Necessarily Obtained for Use in the Case: Pursuant to Local Rule 65(c)3.(iii), the costs of exhibits appended to a successful motion for summary judgment are allowable. Defendants submit a claim for copy fees, exhibit tabs and Acco binders for exhibits appended to their motion for summary judgment in the amount of $65.63. This claim is allowed as submitted. III. Witness Fees for Attendance at a Deposition: Pursuant to Local Rule 54(c)6.(iii), witness fees are taxable for attendance at a deposition if the deposition was a taxable cost. Defendants submit a claim for witness fees for Kathy McParland in the amount of $46.00. This claim is allowed in the reduced amount of $40.00 without prejudice to renewal within ten days upon a showing of what the $6.00 was for and proper authority to support being allowed. IV. Service of Subpoena: Pursuant to Local Rule 54(c)1, service fees for depositions are taxable. Defendants submit a claim for service of subpoena upon Kathleen McParland in the amount of $50.00. This claim is allowed in the reduced amount of $45.00, the statutory fee had the U.S. Marshal effected service pursuant to 28 U.S. C. § 1920 and 28 U.S.C. § 1921. V. SUMMARY: For the reasons previously stated, the defendants' Bill of Costs is allowed in the amount of $2,092.55. Pursuant to Local Rule 54(d), the parties may appeal this decision to the presiding judge within five days of the entry of this ruling. Dated at Hartford, Connecticut, this 1st day of November, 2005. KEVIN F. ROWE, Clerk

By:

/s/lik Linda I. Kunofsky Deputy in Charge