WESTERN WYVERN CAPITAL INVESTMENTS, LLC
v.
BANK OF AMERICA, N.A.
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The district court adopted a magistrate judge's report and recommendation on Bank of America's motion to tax costs, awarding the defendant $20,316.45 in taxable costs under 28 U.S.C. § 1920, while denying other cost requests.
Bank of America's motion to tax costs is granted in part and denied in part. The defendant is awarded $20,316.45 in taxable costs, comprising $15,285.00 for deposition transcripts, $4,146.00 in court reporter fees, $222.00 for the summary judgment hearing transcript, $268.00 for costs of service, and $395.20 in copy costs.
[1] A district court reviews a magistrate judge's report and recommendation de novo in the absence of an objection.
[2] A district court may adopt, confirm, and approve a magistrate judge's report and recommendation in all respects.
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Join FLexlaw to unlock all legal intelligence“The Court reviews the legal conclusions de novo in the absence of an objection.”
Establishes the standard of review applied by the district court to the magistrate judge's legal conclusions
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Join FLexlaw to unlock all legal intelligenceThis is a civil case (No. 8:22-cv-191) between Western Wyvern Capital Investments, LLC (plaintiff) and Bank of America, N.A. (defendant). Bank of Amer…
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Before the Court is Defendant Bank of America, N.A.'s Renewed Motion to Tax Costs and proposed bill of costs (Dkts. 178; 178-1, 178-2) and United States Magistrate Judge Flynn's well-reasoned and thorough report and recommendation (Dkt. 189). Judge Flynn recommends that the motion be granted in part and denied in part. The time for filing objections has passed.
The Court reviews the legal conclusions de novo in the absence of an objection. See LeCroy v. McNeil, 397 F. App'x 554, 556 (11th Cir. 2010) (citation omitted); Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994). For the reasons explained in the Report and Recommendation, and in conjunction with an independent examination of the file, the Court rules as follows:
1. The Report and Recommendation (Dkt. 189) is adopted, confirmed, and approved in all respects and made a part of this order.
2. Defendant's renewed motion to tax costs (Dkt. 178) is granted in part and denied in part as set forth in more detail in the Report and Recommendation at docket 189. Defendant is awarded $20,316.45 in taxable costs under § 1920, comprised of $15,285.00 for deposition transcripts, $4,146.00 in court reporter fees, and $222.00 for the summary judgment hearing transcript, $268.00 for costs of service; and $395.20 in copy costs. The motion is otherwise denied.
3. The Clerk is directed to enter a cost judgment or bill of costs in accordance with this order under Rule 54(d)(1) and 28 U.S.C. § 1920 in favor of Defendant Bank of America, N.A. and against Plaintiff in the total amount of $20,316.45.
DONE AND ORDERED at Tampa, Florida, on September 22, 2025.
WILLIAM F. JUNG UNITED STATES DISTRICT JUDGE
COPIES FURNISHED TO: Counsel of record