Mwassa v. Presbyterian Homes and Services
- Susan Nelson
- 0:19-cv-01511
- U.S. District Court · District of Minnesota
- 4
In Mwassa v. Presbyterian Homes, Judge Nelson denied review of costs taxed while Mwassa’s appeal was pending.
Paulo K. Mwassa, who challenged a $920.70 cost judgment in favor of Presbyterian Homes and Services; the ruling allows that cost judgment to stand.
What happened
In Mwassa v. Presbyterian Homes and Services, Paulo K. Mwassa sued PHS under Title VII of the Civil Rights Act. The court previously granted PHS summary judgment on all claims, and Mwassa appealed that decision.
PHS requested $1,190.70 in costs, and the clerk later entered a cost judgment for $920.70. Mwassa argued that the cost judgment was premature because his appeal was still pending. The court found that the local rules allowed costs to be taxed after the required bill and objections were filed, even during an appeal.
Judge Susan Richard Nelson ruled that the cost judgment was properly entered and DENIED Mwassa’s Motion to Review Taxation of Costs.
The detailed version
- Mwassa v. Presbyterian Homes and Services · No. 0:19-cv-01511
- Susan Nelson
- Jan. 10, 2023
Background
Paulo K. Mwassa sued Presbyterian Homes and Services, referred to as PHS, alleging violations of Title VII of the Civil Rights Act. The court granted PHS summary judgment on all of Mwassa’s claims on March 3, 2022, and judgment was entered on March 7, 2022. Mwassa appealed the summary-judgment decision to the Eighth Circuit. The opinion states that the Eighth Circuit later ruled in favor of PHS.
PHS filed a bill of costs seeking $1,190.70. Mwassa objected, including on the ground that the bill was filed prematurely and that some deposition costs were improper. The clerk entered a cost judgment in favor of PHS for $920.70. Mwassa then moved for review of the taxation of costs, challenging the award in its entirety.
Issue
Mwassa argued that the local rules prohibited the clerk from entering a cost judgment before the underlying judgment became final, which he contended had not happened because his appeal was pending.
Court’s Analysis
Federal Rule of Civil Procedure 54(d)(1) generally allows a prevailing party to recover allowable costs, and 28 U.S.C. § 1920 identifies categories of costs that may be taxed. The court examined District of Minnesota Local Rule 53.4(c), which requires a party seeking costs to file a verified bill of costs within 30 days after judgment, permits objections within 14 days, and allows the clerk to tax costs after the bill, objections, and any response have been filed and served.
The court found that the local rule does not condition taxation of costs on the entry of a “final judgment” and does not define that term. The court also relied on Eighth Circuit precedent holding that a pending appeal does not prevent an award of costs, as well as decisions from other courts in the District of Minnesota rejecting the same argument. Here, PHS filed its bill of costs and Mwassa filed objections before the clerk entered the cost judgment. Because PHS did not file a response to the objections, the court found that all procedural requirements had nevertheless been satisfied.
Disposition
Judge Susan Richard Nelson held that the cost judgment was properly entered and ordered that Mwassa’s Motion to Review Taxation of Costs, Document No. 124, is DENIED.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.