FONTE

v.

LEE MEMORIAL HEALTH SYSTEM

Defendant. /

ORDER1

Before the Court is Defendant Lee Memorial Health System’s Bill of Costs (Doc. 50) and Plaintiff Dr. Nelayda Fonte’s response in opposition (Doc. 53). After the Court granted summary judgment to Lee Health, it filed the Bill of Costs. Among other costs, the Bill sought $1,900 in expert witness fees and $700 for mediation fees. (Doc. 50 at 20-22). Fonte only objects to those two costs, arguing expert witness and mediation fees are not taxable. Lee Health did not respond. The Court sustains Fonte’s objections and taxes the remaining costs. Rule 54(d) provides that “costs—other than attorney’s fees—should be allowed to the prevailing party” unless a statute, procedural rule, or court order says otherwise. Fed. R. Civ. P. 54(d)(1). Absent some other authorization, costs are limited to those set out in 28 U.S.C. §§ 1821 and 1920. Rimini St., Inc. v. Oracle USA, Inc., 139 S. Ct. 873, 877-78 (2019). Most taxable costs are enumerated in § 1920: (1) Fees of the clerk and marshal;

Recoveries for witness fees are “strictly limited by § 1821” to “travel reimbursement and a $40 per diem.” Arlington Cent. Sch. Dist. Bd. of Educ. v. Murphy, 548 U.S. 291, 297- 98 (2006). Neither expert witness nor mediation fees are enumerated in § 1920 or § 1821. Duckworth v. Whisenant, 97 F. 3d 1393, 1399 (11th Cir. 1996) (refusing expert witness fees); George v. GTE Directories Corp., 114 F. Supp. 2d 1281, 1300 (M.D. Fla. 2000) (disallowing mediation costs). With no argument to the contrary, Fonte’s objections to the inclusion of those costs in Lee Health’s Bill of Costs are therefore sustained. Yet, as Fonte notes, Lee Health’s expert is entitled to a $40 per diem for his deposition appearance.² § 1821(a)-(b). Thus, the Court will tax that amount and include it in the judgment. § 1920. Accordingly, it is now ORDERED: (1) Plaintiff’s objections in the Response to Defendant’s Bill of Costs (Doc. 53) are

SUSTAINED.

,

UNITED STATES DISTRICT JUDGE

Copies: All Parties of Record