THOMPSON v. EATON CORPORATION

BARBARA CRABB, Chief Judge, District

Plaintiff Joe Thompson has filed a motion for review of the Clerk of Court's decision to award photocopying expenses in the amount of $8,434.75. Having reviewed the parties' submissions, I am persuaded that defendant Eaton Corporation is entitled to an award of $1481.84.

Defendant is correct when it argues that 28 U.S.C. § 1920(4) entitles it to recovery of the cost of photocopying materials for discovery, provided that the number of copies is reasonable.Kulumani v. Blue Cross/Blue Shield Assoc., 224 F.3d 681 (7th Cir. 2000) (taxing cost of five photocopies of materials is questionable; taxing cost of two copies is reasonable). The parties do not dispute that defendant made copies of almost 3500 discovery documents. At a cost of $.14 a page, the cost of two copies of each of 3500 documents would be $980.00. Defendant spent $385.74 copying exhibits for trial and $116.10 in copying trial materials for review by its expert witnesses. These expenses are properly taxed as costs.

As to the remaining photocopying expenses for which defendant sought taxation, I am not persuaded that they were incurred necessarily for use in the case. Therefore, I will not tax them as costs.

IT IS ORDERED that plaintiff Joe Thompson's motion to review costs is GRANTED; defendant Eaton Corporation is AWARDED costs for photocopies in the amount of $1481.84. In all other respects, the Clerk of Court's award of costs stands as entered.