Baxter v. Cheadle et al

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JACOB BAXTER,
Plaintiff,
v.
DANNY R. CHEADLE and VILLAGE OF
PALESTINE, ILLINOIS,
Defendants.
Case No. 25-cv-390-JPG
MEMORANDUM AND ORDER
This matter comes before the Court on the Bill of Costs filed by the defendants, the
prevailing parties in this case (Doc. 40). Plaintiff Jacob Baxter has objected to the Bill of Costs
on the grounds that costs should not be assessed while his motions for reconsideration and for
leave to file an amended complaint are pending (Doc. 42).
Ordinarily the Clerk of Court taxes costs in favor of the prevailing party on 14 days’
notice. Fed. R. Civ. P. 54(d)(1). Objections may be filed within 14 days of the Clerk’s notice.
Local Rule 54.2(b). Costs allowed to be taxed are set forth in 28 U.S.C. § 1920. The Court
presumes that a prevailing party is entitled to costs as a matter of course, Krocka v. City of Chi.,
203 F.3d 507, 518 (7th Cir. 2000), but has the discretion to deny or reduce costs where
warranted, Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441-42 (1987). If the Court
reduces or denies costs, it must explain its decision. Krocka, 203 F.3d at 518.
The only item for which the defendants seek costs is the deposition transcripts of three
individuals: Baxter, defendant Danny Cheadle, and former Palestine Police Chief Jeff Besing.
See 28 U.S.C. § 1920(2). They claim the amount of $1,179.10. Baxter does not object to this
assessment of this cost but instead argues that costs should not be taxed while the motions for
Case 3:25-cv-00390-JPG Document 48 Filed 01/26/26 Page 1 of 2 Page ID
#<pageID>

2
reconsideration and for leave to amend are pending.
The Court has ruled on Baxter’s motions for reconsideration and for leave to amend, so
Baxter’s sole objection has been rendered moot. He filed no other objection within 14 days of
the Clerk’s November 21, 2025, notice of taxation of costs (Doc. 41). Accordingly, the Court
DIRECTS the Clerk of Court to tax costs in favor of the defendants and against the plaintiff in
the amount requested by the defendants, $1,179.10.
IT IS SO ORDERED.
DATED: January 26, 2026
s/ J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE
Case 3:25-cv-00390-JPG Document 48 Filed 01/26/26 Page 2 of 2 Page ID
#<pageID>