Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Halliburton Company

United States District Court, District of Columbia

December 6, 2018

UNITED STATES OF AMERICA ex rel. HARRY BARKO Plaintiff-Relator,
v.
HALLIBURTON COMPANY et al, Defendants.

          MEMORANDUM OPINION

          Royce C. Lamberth United States District Judge

         After more than a decade of litigation, twelve opinions by three different district judges, and two writs of mandamus from the Court of Appeals, this Court granted summary judgment for defendants in this qui tam suit, rejecting Barko's claim that government contractor KBR (a Halliburton subsidiary) engaged in improper procurement practices. A few weeks later, KBR submitted a proposed bill of costs for $109, 446.74. Barko opposed the proposal, arguing it violated this Court's Local Rules, this Circuit's caselaw, and 28 U.S.C. § 1920. Nevertheless, the clerk taxed the full bill.

         Barko now moves to retax costs, asking this Court to overturn the clerk's application of Local Rule 54.1. But he misunderstands the standard under 54.1(e) and has no answer to either the Court's broader discretion under Federal Rule 54 or 28 U.S.C. § 1920's more flexible definition of costs. Because KBR's costs fall within § 1920 and are adequately justified, the Court will deny Barko's retax motion.

         I

         Before reviewing the clerk's initial taxation, it is helpful to delimit this Court's taxing authority under Federal Rule 54 and § 1920 from the clerk's taxing authority under Local Rule 54.1(c)-(d).

         Local Rule 54.1(c)-(d) constrains the clerk's taxation. Absent agreement or court order, 54.1(c) requires the clerk to tax certain costs according to the prevailing party's request once the judgment becomes final. And 54.1(d) limits the clerk's taxation to fourteen discrete categories of costs:

1. clerk's fees;
2. service of process costs;
3. marshal's fees and expenses per 28 U.S.C. § 1921;
4. docket fees and costs per 28 U.S.C. § 1923;
5. cost of a security furnished under statute, court order, or rule;
6. costs, at the reporter's standard rate, for the original and one copy of the transcript of any depositions the prevailing party noticed, and for one copy of any deposition any other party noticed, if the deposition was used on the record, at a hearing, or trial;
7. costs, at the reporter's standard rate, for the original and one copy of the transcript of a . hearing or trial if the prevailing party alleged it was necessary for the determination of an appeal within Fed. R. App. P 39(e), or if the court required it to be transcribed;
8. copying costs for exhibits introduced into evidence, used for impeachment, or filed with the clerk;
9. other copying costs up to $300;
10. for witnesses who testified at a hearing or trial, fees, travel, and subsistence costs per 28 U.S.C. ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.