Opinion

Brumit v. Granite City, Illinois

Court
District Court, S.D. Illinois
Filed
Oct 20, 2022
Cited by
0 cases
Authority
More cited than 21.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF ILLINOIS

DEBORAH BRUMIT and ANDREW )

SIMPSON, )

)

Plaintiffs, )

)

vs. ) Case No. 19-cv-1090-SMY

)

THE CITY OF GRANITE CITY, )

ILLINOIS, )

)

Defendant. )

MEMORANDUM AND ORDER

YANDLE, District Judge:

Following entry of judgment in its favor, Defendant Granite City, Illinois filed a Bill of

Costs seeking $5,834.26 in costs against Plaintiffs (Doc. 150). Plaintiffs filed a timely objection

to the Bill of Costs (Doc. 152). For the following reasons, Defendant’s Bill of Costs is DENIED.

The Court entered an order on the parties’ cross-motions for summary judgment on

September 15, 2022, granting Defendant’s motion and denying Plaintiffs’ motion (Doc. 148).

Consistent with the Order, a Judgment was entered the same day, dismissing Plaintiffs’ claims

against Defendant with prejudice and closing the case (Doc. 149).

Federal Rule of Civil Procedure 54(d) provides, “Unless a federal statute, these rules, or a

court order provides otherwise, costs - - other than attorney’s fees - - should be allowed to the

prevailing party.” Fed. R. Civ. P. 54(d). Rule 54(d) creates a presumption that the prevailing party

will recover costs. See, e.g., Congregation of the Passion, Holy Cross Province v. Touche, Ross

& Co., 854 F.2d 219, 221 (7th Cir. 1988) citing Delta Airlines, Inc. v. Colbert, 692 F.2d 489, 490

(7th Cir. 1982). Thus, the Court must award costs unless it states good reasons for denying them.

Id. citing Coyne-Delaney, Inc. v. Capital Development Board, 717 F.2d 385, 392 (7" Cir. 1983).

Absent some showing of bad faith or the deliberate adoption of a course of business dealings

calculated to unduly prolong or increase the cost of litigation, the penalty of denial or

apportionment of costs under Rule 54(d) should be imposed only for acts or omissions on the part

of the prevailing party in the actual course of litigation. Popeil Bros. v. Schick Elec., Inc., 516

F.2d 772, 775-776 (7" Cir. 1975) citing Chicago Sugar Co., 176 F.2d at 11.

Here, Defendant engaged in a various practices which are indicative of bad faith and which

both prolonged the litigation and increased the costs involved:

e Defendant issued a subpoena to Children’s Home & Aid Society and then

filed a Motion for Records from both Children’s Home & Aid Society and

the Department of Children and Family Services (who was never

subpoenaed). As Magistrate Judge Daly concluded, the motion was “both

procedurally and substantively flawed.” (Doc. 127). From the procedural

standpoint, Defendant “failed to identify any federal rule or authority on

which it is relying that would permit the relief it seeks. (Ud. at pp. 7, 8).

From the substantive standpoint, Defendant’s demand for records amounted

to nothing more than “an impermissible fishing expedition.” (/d. at p. 8).

e Defendant issued a subpoena to Gateway Regional Medical Center in June

2021 seeking any and all medical records for a non-party, Tori R. Gintz, for

a ten (10) day period. (Doc. 95-1). The Medical Center denied the request.

(Doc. 95-1 at p. 9). Defendant did not file a motion for a court order to

obtain the records against the Medical Center until three (3) months later.

(Doc. 95) and failed to notify the Medical Center or Tori Gintz about the

pending motion. (Doc. 110). Magistrate Judge Daly concluded that the

motion was a “peculiar” filing and was “procedurally and substantively

flawed.” (Doc. 127). She found that Defendant failed to identify any federal

tule or authority to permit the relief they requested and failed to notify the

Medical Center of the motion. She also questioned the timing of the motion

since Defendant waited months to file the motion until just a few weeks

before the discovery deadline. And she concluded that Defendant’s

definition of relevance was not in accordance with Federal Rules. (/d.).

e Defendant issued a subpoena to a third-party to produce material, for which

Plaintiffs had asserted work-product protection, without providing prior

notice of the subpoena to be served on Plaintiffs, in violation of Fed. R. Civ.

P. 45 (Doc. 152-4).

Page 2 of 3

e Defendant issued a myriad of discovery requests, including requests for

production of communications between Plaintiffs and her daughter (Tor R.

Gintz) and her daughter’s ex-boyfriend. Plaintiffs objected that the requests

were overbroad and burdensome, and Defendant filed motions to compel.

(Docs. 105, 117). Judge Daly denied the motions as “cumulative or

duplicative” and “neither relevant nor proportional to the needs of this case.”

(Doc. 127).

e Defendant filed a motion seeking to stay discovery and cancel certain

depositions of Defendant’s representatives, asserting that further discovery

was not warranted. Nevertheless, Defendant subsequently served several

supplemental discovery requests on Plaintiffs and subpoenaed three

additional non-party depositions. Two of the three non-party depositions

were ultimately completed.

e After Defendant moved for summary judgment, the depositions of Mike

Parkinson, Timothy Bedard, and the City’s 30(b)(6) witness were

completed. Defendant ordered expedited transcripts of these depositions.

(Doc. 150-1 at pp. 9, 10, 11) which were not utilized by Defendant for

purposes of any additional filings with the Court.

e Defendant incurred expenses associated with depositions of two non-parties

that were taken after Defendant had moved for summary judgment and after

Defendant had filed its motion to stay on the grounds that no further

discovery was necessary. (Doc. 150-1).

In sum, Defendant undertook unnecessary discovery, encumbered the record with unnecessary

motions and discovery issues, and ultimately prolonged the course of the litigation while

increasing the costs involved.

For the foregoing reasons, Defendant Granite City’s Bill of Costs (Doc. 150) is DENIED

in its entirety.

IT IS SO ORDERED.

DATED: October 20, 2022

Ae Gene

STACI M. YANDLE

United States District Judge

Page 3 of 3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.