United States District Court, N.D. Ohio
OPINION & ORDER [RESOLVING DOCS. 45, 46,
S. GWIN, UNITED STATES DISTRICT JUDGE
this opinion, the Court addresses whether it should tax costs
to Plaintiff Mildred Shaw, the non-prevailing party in this
September 18, 2017, Defendant Hotel 1100 Carnegie Opco LP
prevailed on summary judgment in the underlying
litigation. On October 2, 2017, Defendant filed a
motion for costs pursuant to Federal Rule of Civil Procedure
54(d)(1). Plaintiff opposes.
following reasons, the Court DENIES
Defendant's motion for costs.
Rule of Civil Procedure 54(d)(1) states that
“[u]nless a federal statute, these rules, or a court
order provides otherwise, costs - other than attorney's
fees - should be allowed to the prevailing party.”
There is a presumption in favor of awarding costs to a
prevailing party,  and the non-prevailing party has the
burden of overcoming the presumption.
district courts retain broad discretion to deny
determine whether costs should be denied to the prevailing
party, the Court can consider “the losing party's
good faith, the difficulty of the case, the winning
party's behavior, and the necessity of the
Sixth Circuit has stated that Rule 54(d) allows the Court to
address situations where “it would be inequitable under
all the circumstances in the case to put the burden of costs
upon the losing party.”
Court, in its discretion, concludes that Defendant is not
entitled to their costs. Plaintiff's good faith in
conjunction with the case's difficulty weigh in favor of
denying costs to Defendant.
argues that Plaintiff's good faith is irrelevant to the
Court's inquiry and that, even if it were,
Plaintiff's claims were not reasonable or supported by
evidence. Plaintiff states that she brought this
case in good faith because she had viable claims concerning
damages she suffered.
Sixth Circuit permits the Court to consider “the good
faith a losing party demonstrates in filing, ...