Sollitt v. KeyCorp et al, No. 1:2009cv00043 - Document 97 (N.D. Ohio 2009)
Court Description: Opinion and Order signed by Judge James S. Gwin on 11/9/09 denying defendants' bill of costs. (Related Docs. 92 , 93 ) (M,G)
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Sollitt v. KeyCorp et al Doc. 97 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO ------------------------------------------------------: KEVIN JOHN SOLLITT : : Plaintiff, : : v. : : KEYCORP, et al. : : Defendants. : : ------------------------------------------------------- CASE NO. 1:09-CV-43 OPINION & ORDER [Resolving Doc. Nos. 92, 93, 95 & 96.] JAMES S. GWIN, UNITED STATES DISTRICT JUDGE: With this opinion and order, the Court denies the requested costs of Defendants KeyCorp and KeyBank, N.A. [Docs. 92.] Although Rule 54(d) creates a presumption that a successful party may recover her costs, a district court may deny costs to a successful litigant in a close and difficult case. White & White, Inc. v. Am. Hosp. Supply Corp., 786 F.2d 728, 730, 732-33 (6th Cir. 1986); U.S. Plywood Corp. v. Gen. Plywood Corp., 370 F.2d 500, 508 (6th Cir. 1966). The Sixth Circuit has explained that [t]he closeness of a case is judged not by whether one party clearly prevails over another, but by the refinement of perception required to recognize, sift through and organize relevant evidence, and by the difficulty of discerning the law of the case. White & White, Inc., 786 F.2d at 732-33. This case was close and difficult. Although Plaintiff Kevin John Sollitt s claim failed on three independent grounds, the clarity and jeopardy elements presented nuanced questions of law on which no binding precedent squarely controlled. [Doc. 88 at 98-11.] Moreover, on the causation -1- Dockets.Justia.com Case No. 1:09-CV-0043 Gwin, J. issue, Sollitt was unable to show that Richard Owens, the individual who terminated him, knew about his complaints, but he did introduce evidence suggesting that his direct supervisor typically informed Owens about those kinds of complaints. [Doc. 88 at 12.] Although this Court found insufficient evidence to establish causation, the Plaintiff could not discover this relevant evidence before filing or continuing this action. Hence, the Court DENIES the Defendants requested costs. IT IS SO ORDERED. s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE Dated: November 9, 2009 -2-
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