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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL A. CHIRCO and 

DOMINIC MOCERI,

Plaintiffs, CASE NO. 02-73188

vs. HONORABLE PAUL D. BORMAN

HONORABLE STEVEN D. PEPE

GATEWAY OAKS, LLC; ARROW

BUILDING CO., INC.; THE DESIGN GROUP

LLC; N&D DEVELOPERS, LLC; M.C.S.

ASSOCIATES, INC.; SALVATORE

SARAFINO; JOSEPH P. D’ANGELO; M.C.S.

ASSOCIATES, INC.; JIM JONES; AND

CALVIN HALL, INDIVIDUALLY AND D/B/A

CALVIN HALL AND ASSOCIATES,

Defendants.

__________________________________/

ORDER DENYING PLAINTIFFS’ MOTION TO STRIKE TAXED BILL OF COSTS TO

DEFENDANT CALVIN HALL (DKT. #228)

On August 26, 2005, Judge Borman entered a judgment in favor of Defendants (Dkt.

#215). Defendant Hall subsequently filed a Bill of Costs pursuant to Fed. R. Civ. P. 54(d)(1) for

$921.05 in costs other than attorneys’ fees (Dkt. #220), which the Clerk taxed in the amount of

$891.80 (Dkt. #223). Plaintiffs’ filed a motion to strike the Taxed Bill of Costs because they

filed a timely motion for reconsideration, which they argued rendered the judgement in this case

non-final, and thus rendered the Clerk’s Taxed Bill of Costs premature. Plaintiff’s motion was

referred to the undersigned for hearing and determination pursuant to 28 U.S.C. § 636 (b)(1)(A)

(Dkt. #235), and a hearing was held on October 26, 2006. For the reasons stated below, IT IS

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ORDERED that Plaintiffs’ motion is DENIED. 

Fed. R. Civ. P. 54(d)(1) provides: 

(1) Costs Other than Attorneys' Fees. Except when express provision therefor is

made either in a statute of the United States or in these rules, costs other than

attorneys' fees shall be allowed as of course to the prevailing party unless the court

otherwise directs; but costs against the United States, its officers, and agencies shall

be imposed only to the extent permitted by law. Such costs may be taxed by the clerk

on one day's notice. On motion served within 5 days thereafter, the action of the

clerk may be reviewed by the court.

In this case, the Hall Defendants qualify as prevailing parties since Judge Borman entered

an August 26, 2005, Judgement in his favor. The Court has not directed that costs should not be

taxed. Therefore, “as of course” it was proper for the Clerk to enter a Taxed Bill of Costs. In

addition, Plaintiffs’ argument that such a bill was premature is rendered moot by Judge

Borman’s July 21, 2006, Order denying Plaintiffs’ motion for reconsideration (Dkt. #234). 

Finally, Plaintiffs state in their August 10, 2006, filing that “Plaintiffs do not object to the actual

out-of-pocket costs in the amount of $921.05 by the Hall Defendants” (Dkt. #241, p. 11). 

Accordingly, Plaintiffs’ motion to strike the Taxed Bill of Costs is DENIED.

SO ORDERED.

Dated: March 20, 2007 s/Steven D. Pepe 

Ann Arbor, Michigan United States Magistrate Judge

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CERTIFICATE OF SERVICE

I hereby certify that on March 20, 2007, I electronically filed the foregoing paper with

the Clerk Court using the ECF system which will send electronic notification to the following:

Joseph G. Burgess, Bernard J. Cantor, Julie A. Greenberg, Melanie T. LaFave, Douglas P.

LaLone, James J. Parks, Robert J. Pineau, Douglas W. Sprinkle, Wayne E. Walker, Aaron L.

Warren, Stephen F. Wasinger, and I hereby certify that I have mailed by United States Postal

Service the paper to the following non-ECF participants: John W. Griffin, 380 N. Old

Woodward, Ste. 350, Birmingham, MI 48009. 

s/ James P. Peltier

James P. Peltier

Courtroom Deputy Clerk

U.S. District Court

600 Church St.

Flint, MI 48502

810-341-7850

pete peliter@mied.uscourts.gov

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