United States District Court, D. Nebraska
JUDDS BROTHERS CONSTRUCTION CO., a Nebraska Corporation; Plaintiff,
MERSINO DEWATERING, INC., a Michigan Corporation; Defendant.
MEMORANDUM AND ORDER
Smith Camp Chief United States District Judge
matter is before the Court the Motion for Attorney Fees and
Costs, ECF No. 139, filed by Defendant Mersino Dewatering,
Inc. (Mersino). For the reasons stated below, the motion will
be granted in part.
2015, the City of Council Bluffs, Iowa, hired Plaintiff Judds
Brothers Construction Co. (Judds), as general contractor on a
sewer relocation project. Judds subcontracted with Mersino to
dewater the project site. After repeated unsuccessful
attempts to dewater the site, Judds replaced Mersino with a
different dewatering company.
brought suit against Mersino in the District Court of Douglas
County, Nebraska, on November 24, 2015. ECF No. 1. In its
complaint, Judds asserted claims for breach of contract,
negligence, breaches of implied and express warranties of
fitness for a particular purpose, and unjust enrichment.
Id., Page ID 5-14. Mersino brought counter-claims
against Judds for breach of contract and quantum meruit
(id., Page ID 38-39) and removed the action to this
Court on January 4, 2016.
case proceeded to trial, and on September 29, 2017, a jury
returned a verdict in favor of Mersino in the amount of $43,
700.52. See ECF No. 135.
then filed the present motion, seeking $9, 439.88 in taxable
costs, $19, 429.32 in non-taxable costs, and $293, 585 in
attorney's fees. Regarding costs that are taxable under
28 U.S.C. § 1920, Mersino seeks the following amounts:
1. Fees of the Clerk: $400.00
2. Fees for service of summons and subpoena: $890.00
3. Fees for printed or electronically-recorded transcripts
necessarily obtained for use in the case: $6, 328.49
4. Fees and disbursements for printing: $858.68
5. Fees for witnesses: $235.01
6. Fees for exemplification and the costs of making copies of
any materials where the copies are necessarily obtained for
use in the case: $727.70
Total taxable costs: $9, 439.88
the non-taxable costs, which Mersino argues are recoverable,
Mersino seeks the following amounts:
1. Mediation fees: $747.50
2. Travel expenses for mediation: $1, 536.69
3. Shipping fees for discovery production: $60.00
4. Travel for depositions: $2, 284.41
5. Legal research: $10, 565.00
6. Travel for Daubert hearing: $973.27
7. Travel for final pre-trial hearing: ...