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UNITED STATES DISTRICT COURT 

EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION 

SHERYL HUBBELL, 

 Plaintiff, Case No. 14-13897 

v. HON. GEORGE CARAM STEEH 

FEDEX SMARTPOST, INC., 

 Defendant. 

______________________________/ 

ORDER GRANTING PLAINTIFF’S 

MOTION TO REVIEW COSTS (Doc. 101) 

 Plaintiff seeks review of the Clerk’s taxation of costs and an additional 

award of non-taxable costs. After a jury trial, Plaintiff prevailed on her 

claims under Title VII of the Civil Rights Act of 1964 and Michigan’s ElliottLarsen Civil Rights Act (“ELCRA”). The Clerk taxed $440 in costs, but 

denied other requested costs as unsupported or not taxable pursuant to the 

local Bill of Costs Handbook. See Docs. 98, 100. In total, Plaintiff seeks 

$10,062.78 in costs, including the filing fee and fees for service, transcripts, 

witnesses, copies, postage, and parking. See Doc. 101, Exs. 3, 5. 

 Defendant objects to the award of costs not specifically listed in 28 

U.S.C. § 1920, such as fees for parking, postage, office supplies, and 

expert witnesses. See 28 U.S.C. § 1920; Hadix v. Johnson, 322 F.3d 895, 
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900 (6th Cir. 2003). Under Title VII and the ELCRA, however, the court 

may award reasonable out-of-pocket expenses not otherwise taxable under 

§ 1920. See M.C.L. § 37.2802; 42 U.S.C. § 2000e–5(k). Under 42 U.S.C. 

§ 2000e–5(k), the court may award “a reasonable attorney’s fee ... as part 

of the costs.”1

 Courts “have construed § 2000e–5(k) as allowing the award 

of ‘reasonable out-of-pocket expenses incurred by the attorney which are 

normally charged to a fee paying client.’” Sturgill v. United Parcel Serv., 

Inc., 512 F.3d 1024, 1036 (8th Cir. 2008) (quoting Mota v. Univ. of Tex. 

Houston Health Sci. Ctr., 261 F.3d 512, 529 (5th Cir. 2001)). See also 

Lensing v. Potter, 2015 WL 10892073, at *19 (W.D. Mich. Aug. 20, 2015) 

(“Courts have awarded telephone expenses, postage, attorney travel 

expenses, expenses for facsimiles, and parking, among others under § 

2000e-5(k).”); Northcross v. Bd. of Ed. of Memphis City Sch., 611 F.2d 624, 

639 (6th Cir. 1979) (“Reasonable photocopying, paralegal expenses, and 

travel and telephone costs are thus recoverable pursuant to the statutory 

authority of § 1988.”). 

 Although Defendant generally questions Plaintiff’s support for certain 

witness fees, and suggests that Plaintiff is double counting costs, these 

objections are not well taken. Upon review of Plaintiff’s request for costs 

 

1 The court previously granted in part Plaintiff’s motion for attorney’s fees. Doc. 92. 
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and exhibits, the court finds Plaintiff’s request to be reasonable and 

appropriately supported by invoices and receipts. See Doc. 101, Exs. 2, 3, 

4, 5. Defendant has not specifically identified any duplicated costs, and the 

court discerns none. Plaintiff has listed all costs, except for trial transcripts, 

in Exhibit 5. The costs listed in Exhibit 5 total $9,180.78. Plaintiff also 

seeks $882 ($813.60 + $68.40) in trial transcripts, for a total of $10,062.78. 

Having determined that Defendant’s objections are without merit, and that 

Plaintiff may be awarded costs in the form of out-of-pocket expenses, the 

court will grant Plaintiff’s motion for costs. 

 Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to 

review the Clerk’s bill of costs is GRANTED and costs in the amount of 

$10,062.78 (which includes the $440 already taxed by the Clerk) are 

awarded to Plaintiff. 

Dated: January 22, 2019 

 s/George Caram Steeh 

 GEORGE CARAM STEEH 

 UNITED STATES DISTRICT JUDGE 

CERTIFICATE OF SERVICE 

Copies of this Order were served upon attorneys of record on 

January 22, 2019, by electronic and/or ordinary mail. 

s/Marcia Beauchemin 

Deputy Clerk