Based on the above, the $40 per hour charge for the court reporter fees and the expedited
transcription were reasonable. Accordingly, Aramark is awarded $2,147.50 for the deposition

transcript of Ammons.

Aramark seeks deposition transcript ; for Barrington McPherson at the court reporter
rate of $40 per hour and the rate of $3.05 and $4.25 per page of transcription. Aramark argues
that the second transcript, billed at $4.25 per page, was expedited because it was taken close to
close of discovery and the filing of motions for. sufimary judgment.

The charge of $40 per hour in court reporter fees is reasonable. However, the rate per

page of $3.05 for the original copy is higher, than the $3.00 rate established by the Judicial

Conference, In addition, $4.25 per page is higher than the $4.00 rate established for expedited

copies established by the Judicial Conference. Accordingly, Aramark is awarded $320 in court

reporter fees and $835 ($435 [145 pages X $3.00 per page] + $400 [100 pages X $4.00 per

page]) in transcription copy costs for the deposition of Barrington McPherson.

Aramark seeks deposition transcript costs for Dr. Mitchell Krieger at the court reporter

rate of $40 per hour and the rate of $3.05 per page for transcription. Aramark is awarded $100

in court reporter fees and $126 (42 pages X_$3.00 per page) in transcription costs for the

deposition of Dr. Mitchell Krieger.

Aramark seeks deposition transcript costs for Pasquale Malfeo at the court reporter rate
of $40 per hour and the rate of $3.75 per page for transcription. Aramark argues that the

transcript was expedited because it was taken close to close of discovery and the filing of

4



—_—

indicate how long service took and the amount charged per hour for service. Accordingly, the

Court cannot determine if the fees sought are reasonable, and it will award the minimum charged

by the Marshal’s Service, $40 per person served with a subpoena. See Sanglap v. LaSalle Bank,
194 F. Supp. 2d 798, 802 (N.D. Ill. 2001) (Sanglap). Therefore, Aramark is awarded $200 for
the cost of serving the five subpoenas.

Next, Aramark seeks fees for obtaining deposition transcripts.

The costs of deposition transcripts “necessarily obtained for use in the case” are
authorized by 28 U.S.C. § 1920(2). The “transcripts need not be absolutely indispensable in
order to provide the basis of an award of costs; it.is enough that they are “reasonably necessary”.
Barber v. Ruth, 7 F.3d 636, 645 (7th Cir. 1993). The Judicial Conference has established $3.00
as the rate per page for an original transcript, $4.00 per page for each expedited copy, $0.75 per
page for the first copy of a transcript, and $0.50 per page for each additional copy to the same

party. In addition, the rate of $40 per hour for court reporter fees is reasonable. See Sanglap,

194 F. Supp. 2d at 803.

Aramark seeks $2,147.50 for the deposition transcript of Ammons. The charges include
court reporter fees for 14.5 hours at the rate of $40 per hour and a transcription copy fee of $3.75
per page for a total of 418 pages. Aramark argues that the transcription had to be expedited
because the deposition was taken so close to_the.close of discovery and the deadline for filing
motions for summary judgment and that the lateness of the deposition was due, at least in part, to

Ammons’ delays in producing necessary written discovery responses.



motions for summary judgment.

Aramark is awarded $320 in court reporter fees and $1,053.75 (281 pages X $3.75 per
page) in transcription copy costs for the deposition of Pasquale Malfeo.

Aramark seeks deposition transcript costs for Susan Entenberg at the court reporter rate
of $40 per hour and the rate of $3.05 per page. for transcription. Aramark is awarded $100 in
court reporter fees and $282 (94 pages X $3.00 per page) in transcription copy costs for the
deposition of Susan Entenberg.

Aramark seeks deposition transcript costs for Lawrence Foster at the court reporter rate
of $40 per hour and the rate of $3.05 per page for transcription copy costs. Aramark is awarded
$200 in court reporter fees and $504 (168 pages X $3.00 per page) in transcription copy costs for
the deposition of Lawrence Foster.

Aramark seeks deposition transcript copy.costs for Joseph Dayton at the rate of $2.30 per
page and $0.35 per page for exhibits. Atanaark is awarded $343.80 ((137 pages X $2.30 per
page] + [82 pages X $0.35 per page]) in transcription copy costs for the deposition of Joseph
Dayton.

Aramark seeks deposition transcript copy costs for Alexander Ur at the rate of $2.30 per
page and $0.35 per page for exhibits. Aramark is awarded $637.15 ([265 pages X $2.30 per
page] + [79 pages X $0.35 per page]) in transcription copy costs for the deposition of Alexander
Ur.

Aramark seeks deposition transcript copy costs for Steve McCleary at the rate of $2.10



Matic Order Fora06/97)

United States District Court, Northern District of Ilinois

Name of Assigned Judge John W. Darrah Sitting Judge if Other
or Magistrate Judge . than Assigned Judge
CASE NUMBER 01 C 4073 DATE 2/25/2003
CASE CLYDE AMMONS ys. ARAMARK UNIFORM SERVICES, INC.
TITLE a
[in the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.}
DOCKET ENTRY: Boe
ag oa Filed motion of [ use listing in “Motion” box above.]
(2) oO Brief in support of motion due
(3) i Answer brief to motion due. . Reply to answer brief due
(4) oO Ruling/Hearing on set for Ahern
(5) im} Status hearing[held/continued to] [set for/re-set for] on set for at
(6) oO Pretrial conference[held/continued to} [set for/re-set for] on set for at
(7) oO Trial{set for/re-set for] on at
(8) im [Bench/Jury trial] [Hearing] held/continued to... at
(9) im This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OOFRCP4(m) Local Rule 41.1 OFRCP41(a)(1) CO FRCP41(a)(2).
ao) il [Other docket entry] Enter Memorandum Opinion And Order. Aramark’s bill of costs is granted
in part and denied in part. Aramark is awarded a total of $8,376.84 in costs ($200 + $7,944.05 +
$232.79).
(11) [For further detail see order attached to the original minute order.]
No notices required, advised in open court,
No notices required. number of notices
Notices mailed by judge’s staff. FEB 2 Y 2003
Notified counsel by telephone. we Yocketed
wv {| Docketing to mail notices . : 2
Mail AO 450 form. L409 Lp ein Kile depury witats
Copy to judge/magistrate judge. aay ASI a'sn
60 9 datgfmailed notice
courtroom id Jy:
LG deputy's 92 CERES?
initials ot i
Baked ein
central Clerk's Ottloe nailing deputy initials



per page and $0.20 per page for exhibits. Aramark is awarded $129.60 ([54 pages X $2.10 per
page] + [81 pages X $0.20 per page] in transcription copy costs for the deposition of
Steve McCleary.

Aramark seeks deposition transcript copy costs for Jeff Schwingler at the rate of $2.08
per page and $0.20 per page for exhibits. Aramark is awarded $269.40 ([120 pages X $2.08 per
page] + [99 pages X $0.20 per page]) in transcription copy costs for the deposition of
Jeff Schwingler.

Aramark seeks deposition transcript copy costs for Bridget Novak at the rate of $2.30 per
page and $.20 per page for exhibits and $2.00 per page for color exhibits. Aramark is awarded
$575.85 ([203 pages X $2.30 per page] + [37 pages X $0.35 per page] + [48 pages X $2.00 per
page]) in transcription copy costs for the deposition of Bridget Novak.

Based on the above, Aramark is awarded a total of $7,938.15 in deposition costs.

Lastly, Aramark seeks a total of $232.79 in witness and mileage fees for five witnesses.
Ammons does not dispute these fees, and such fees are reasonable. Aramark is awarded $239.79
in witness and mileage fees.

For the reasons stated above, Aramark’s Bill of Costs is granted in part and denied in

part. Aramark is awarded a total of $8,376.84.in.costs ($200 + ey + $232.79).

Dated: Soave 25 200 zi VA

i “TON W. DARRAH
_ ited States District Judge



DOCKETER

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS FEB 27 2003
EASTERN DIVISION
CLYDE AMMONS, )
)
Plaintiff, )
) No. 01 C 4073

v. a )

) Judge John W. Darrah
ARAMARK UNIFORM SERVICES, INC., )
)
Defendant. )

MEMORANDUM OPINION AND ORDER

Plaintiff, Clyde Ammons (“Ammons”), sued Defendant, Aramark Uniform Services, Inc.
(“Aramark”), for alleged violation of the Amerigan with Disabilities Act (“ADA”). Summary
judgment was entered for Defendant. Presently pending before the Court is Aramark’s Bill of
Costs.

Aramark seeks a total of $9,459.94 in costs pursuant to Federal Rule of Civil Procedure
54(d). wile

“Costs ... shall be allowed as of cours to the prevailing party unless the court otherwise

directs.” Fed. R. Civ. P. 54(d). Recoverable costs, as set forth in 28 U.S.C. § 1920, include: (1)

fees of the clerk, (2) fees for transcripts, (3) fees for printing and witnesses, (4) fees for copies of
papers necessarily obtained for use in the case, (5) docket fees, and (6) compensation of court-
appointed experts and interpreters.

There is a strong presumption favoring the award of costs to the prevailing party. Weeks

7



v. Samsung Heavy Indus. Co., 126 F.3d 926, 945 (7th Cir. 1997) (Weeks). “The presumption is
difficult to overcome, and the district court’s, discretion is narrowly confined -- the court must
award costs unless it states good reasons for denying them.” Weeks, 126 F.3d at 945. A losing
party may overcome this presumption by a showing of indigency. McGill v. Faulkner, 18 F.3d
456, 457 (7th Cir. 1994). However, actual ‘indigency, not merely limited financial resources,
must be demonstrated. Craven v. City of Chicago, 2001 WL 62573 (N.D.IIl. Jan. 25, 2001);

Falcon v. City of Chicago, 2000 WL 1231403 (N.D.IIL. Aug. 28, 2000).

Ammons argues that, in light of his limited income through Social Security, he should
not have to pay the costs of Aramark’s litigation, However, Ammons fails to provide evidence,
or even aver, that he is actually indigent and that he is unable to pay costs now or in the future.
See Craven, 2001 WL 62573 at * 1; Falcon, 2000 WL 1231403 at * 1.

Ammons also challenges Aramark’s costs.as improper and/or excessive.

Aramark seeks $380 in subpoena service. fees of several witnesses.

Prevailing parties may recover service.costs that do not exceed the Marshal Service’s
fees regardless of who effected service. Collins.y. Gorman, 96 F.3d 1057, 1060 (7" Cir. 1996).
The Marshal’s Service charges $40 per hour, for the first two hours and $20 for every hour
thereafter plus $0.31 per mile. Johnson v. City of Elgin, 2002 WL 171971 (N.D. Ill. Feb. 1,
2002).

Aramark provides a chart for the five subpoena service fees for which it seeks

compensation. The chart indicates fees for setvices ranging from $60 to $90. The chart fails to