Crispin Calderon, on Behalf of Themselves & All Others Similarly Situated v. Jim Witvoet, Sr., Doing Bus. as J & B Vegetables, 112 F.3d 275 (7th Cir. 1997). · Go Syfert
Crispin Calderon, on Behalf of Themselves & All Others Similarly Situated v. Jim Witvoet, Sr., Doing Bus. as J & B Vegetables, 112 F.3d 275 (7th Cir. 1997). Cases Citing This Book View Copy Cite
33 citation events (32 in the last 25 years) across 17 distinct courts.
Strongest positive: Sisters for Life, Inc. v. Louisville-Jefferson County Metro Government (kywd, 2025-09-30)
Treatment trajectory · 1998 → 2026 · click a year to view as-of
1998 2012 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
cited Cited as authority (rule) Sisters for Life, Inc. v. Louisville-Jefferson County Metro Government
W.D. Ky. · 2025 · confidence medium
Ky. May 21, 2010) (quoting Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997)).
cited Cited as authority (rule) GPH Louisville Hillcreek, LLC v. Redwood Holdings, LLC
W.D. Ky. · 2024 · confidence medium
Ky. May 21, 2010) (quoting Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997)).
cited Cited as authority (rule) The Honorable Order of Kentucky Colonels, Inc. v. Kentucky Colonels International
W.D. Ky. · 2023 · confidence medium
Ky. May 21, 2010) (quoting Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997)).
discussed Cited as authority (rule) Miller v. Juarez Cartel
D.N.D. · 2022 · confidence medium
Iowa 2008) (disallowing attorney travel expenses as a taxable cost); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (outlays for travel and related expenses are not listed in 28 U.S.C. § 1920 and, therefore, may not be reimbursed as costs); UNI–Systems, Inc. v. Delta Air Lines, Inc., No. 4–96–973, 2002 WL 505914 , at *3 (D.
discussed Cited as authority (rule) Miller v. Juarez Cartel
D.N.D. · 2022 · confidence medium
Iowa 2008) (disallowing attorney travel expenses as a taxable cost); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (outlays for travel and related expenses are not listed in 28 U.S.C. § 1920 and, therefore, may not be reimbursed as costs); UNI–Systems, Inc. v. Delta Air Lines, Inc., No. 4–96–973, 2002 WL 505914 , at *3 (D.
discussed Cited as authority (rule) Williams v. City of Chicago
N.D. Ill. · 2022 · confidence medium
That said, the Seventh Circuit in Calderon v. Witvoet determined that a plaintiff could not be reimbursed for travel costs related to his trial. 112 F.3d 275, 276 (7th Cir. 1997) (reversing district court’s grant of such travel costs, stating they are not authorized by Section 1920).
discussed Cited as authority (rule) LOVELESS v. MCCORKLE
S.D. Ind. · 2020 · confidence medium
Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (explaining that “outlays for travel and related expenses by attorneys and paralegals” are not listed in § 1920 and therefore may not be awarded as costs, though they may be reimbursable as part of an award for attorney’s fees).
discussed Cited as authority (rule) Trinity Lutheran Church of Columbia, Inc. v. Pauley
W.D. Mo. · 2018 · confidence medium
Therefore, to the extent that Plaintiff’s counsel’s request for travel expenses encompasses costs attributed to Plaintiff’s travel, not his counsel’s, that request is denied.”) (citing Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (holding that client’s travel costs are not reimbursable as part of an award for attorney fees “because the expense of a litigant’s travel does not appear on an attorney’s bill”)).
discussed Cited as authority (rule) Almanza v. United States
Fed. Cl. · 2018 · confidence medium
Credit Union, 186 F.3d 1338, 1343 (11th Cir. 1999); Calderon v. Witvoet, 112 F.3d 275, 275 (7th Cir. 1997); United Slate, Tile & Composition Roofers v. G&M Roofing & Sheet Metal Co., 732 F.2d 495, 502 (6th Cir. 1984); see also Rozelle v. United States, No. 04-1712C, 2005 WL 6112659 , at *5 (Fed.
discussed Cited as authority (rule) Almanza v. United States
Fed. Cl. · 2018 · confidence medium
Credit Union, 186 F.3d 1338, 1343 (11th Cir. 1999); Calderon v. Witvoet, 112 F.3d 275, 275 (7th Cir. 1997); United Slate, Tile & Composition Roofers v. G&M Roofing & Sheet Metal Co., 732 F.2d 495, 502 (6th Cir. 1984); see also Rozelle v. United States, No. 04-1712C, 2005 WL 6112659 , at *5 (Fed.
discussed Cited as authority (rule) Tacke v. Energy West
Mont. · 2010 · confidence medium
Fla. 2009) (denying mediation expenses); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (per curiam) (referring to 28 U.S.C. § 1920 to determine costs). 19 ¶46 Relevant evidence includes “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” M.
discussed Cited as authority (rule) Tacke v. Energy West
Mont. · 2010 · confidence medium
Fla. 2009) (denying mediation expenses); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (per curiam) (referring to 28 U.S.C. § 1920 to determine costs). 19 ¶46 Relevant evidence includes “evidence having any tendency to make the existence of any fact that is of consequence to the determination of the action more probable or less probable than it would be without the evidence.” M.
cited Cited as authority (rule) Tacke v. Energy West, Inc.
Mont. · 2010 · confidence medium
Fla. 2009) (denyingmediation expenses); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (per curiam) (referring to 28 U.S.C. § 1920 to determine costs).
discussed Cited as authority (rule) Williams v. R.W. Cannon, Inc.
S.D. Fla. · 2009 · confidence medium
Berry, Inc., 192 F.Supp.2d 1313, 1329 (M.D.Fla.2001)); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (“[O]utlays for travel and related expenses” are reimbursable “as part of the award for attorneys’ fees, because” such charges “are the sort of things that a lawyer includes with a bill for professional services.”).
discussed Cited as authority (rule) King v. Gowdy
6th Cir. · 2008 · confidence medium
See id. at 122 (“Federal courts may secure payment of expenses incurred by a non-party witness under 28 U.S.C. § 1821 (c)(4), which provides that ‘[a]ll normal travel expenses’ of a witness ‘shall be taxable as costs pursuant to section 1920 of this title.’ This provision does not relate to travel expenses of parties.”); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (holding that outlays for travel and related expenses by attorneys and paralegals may not be reimbursed as costs, as they are not listed in § 1920).
discussed Cited as authority (rule) Jesse Anderson and Jestine Turnbough v. Roy Griffin
7th Cir. · 2005 · confidence medium
Gibbons, Inc., 482 U.S. 437, 441 , 107 S.Ct. 2494 , 96 L.Ed.2d 385 (1987); Cefalu v. Village of Elk Grove, 211 F.3d 416, 427 (7th Cir.2000); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (per curiam); In re Two Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litigation, 994 F.2d 956, 962 (1st Cir.1993), and statutes and court rales specify the amount that may be assessed for each allowed item.
discussed Cited as authority (rule) Anderson, Jessie v. Griffin, Roy
7th Cir. · 2005 · confidence medium
Gibbons, Inc., 482 U.S. 437, 441 (1987); Cefalu v. Village of Elk Grove, 211 F.3d 416, 427 (7th Cir. 2000); Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997) (per curiam); In re Two Appeals Arising Out of San Juan Dupont Plaza Hotel Fire Litigation, 994 F.2d 956, 962 (1st Cir. 1993), and statutes and court rules specify the amount that may be assessed for each allowed item.
cited Cited "see" Forest River, Inc. v. inTech Trailers, Inc.
N.D. Ind. · 2024 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997); Wahl v. Carrier Mfg.
cited Cited "see" Indiana GRQ, LLC v. American Guarantee and Liability Insurance Company
N.D. Ind. · 2024 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir. 1997); Wahl v. Carrier Mfg.
discussed Cited "see" Stewardson v. Cass County (2×) also: Cited "see, e.g."
N.D. Ind. · 2023 · signal: see · confidence high
See Calderon, 112 F.3d at 276 ; Williams v. City of Chi., 2022 U.S. Dist.
discussed Cited "see" Rouse v. Target Corp.
S.D. Tex. · 2016 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997); Herold v. Hajoca Corp., 864 F.2d 317, 323 (4th Cir.1988), cert. denied, 490 U.S. 1107 , 109 S.Ct. 3159 , 104 L.Ed.2d 1022 (1989); Certilus v. Peeples, No. 81-16-Civ-OC-12, 1984 WL 3192 , at *2-3 (M.D.Fla.
cited Cited "see" Walters v. Mayo Clinic Health System—EAU Claire Hospital, Inc.
W.D. Wis. · 2015 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (finding outlays for travel and related expenses are awardable expenses under the FLSA).
discussed Cited "see" Wales v. Jack M. Berry, Inc. (2×)
M.D. Fla. · 2001 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997); Herold v. Hajoca Corp., 864 F.2d 317, 323 (4th Cir.1988), cert. denied, 490 U.S. 1107 , 109 S.Ct. 3159 , 104 L.Ed.2d 1022 (1989); Certilus v. Peeples, No. 81-46-Civ-OC-12, 1984 WL 3192 , at *2-3 (M.D.Fla.
discussed Cited "see" Tho Dinh Tran v. DINH TROUNG TRAN
S.D.N.Y. · 2001 · signal: see · confidence high
See Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (holding that travel and related expenses are reimbursable as attorney’s fees); Cruz, 34 F.3d at 1161 (noting that attorneys can be compensated for travel time); Soler, 801 F.Supp. at 1063 (holding that it is not unreasonable for attorneys to perform non-legal tasks, such as traveling, telephone calls, photocopying, and mailing and, therefore, they may include such time in an application for fees).
discussed Cited "see, e.g." Sun Media Systems, Inc. v. KDSM, LLC
S.D. Iowa · 2008 · signal: see, e.g. · confidence medium
See, e.g., Calderon v. Witvoet, 112 F.3d 275, 276 (7th Cir.1997) (outlays for travel and related expenses are not listed in 28 U.S.C. § 1920 and, therefore, may not be reimbursed as costs); UNI-Systems, Inc. v. Delta Air Lines, Inc., No. 4-96-973, 2002 WL 505914 , at *3 (D.Minn.
Retrieving the full opinion text from the archive…
Crispin CALDERON, Et Al., on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees,
v.
Jim WITVOET, Sr., Et Al., Doing Business as J & B Vegetables, Defendants-Appellants
96-3893.
Court of Appeals for the Seventh Circuit.
Apr 23, 1997.
112 F.3d 275
Vincent H. Beckman (submitted), Pasquale Lombardo, Legal Assistance Foundation of Chicago, Chicago, IL, Michael L. Dietchweiler, Richard J. Casey, Labeau, Dietchweiler & Berz, Kankakee, IL, for Plaintiffs-AppeUees., Christopher W. Bohlen, Blanke, Norden, Barmann, Kramer & Bohlen, Kankakee, IL, for Defendants-Appellants.
Cummings, Bauer, Easterbrook.
Cited by 27 opinions  |  Published
PER CURIAM.

On remand following our prior opinion, 999 F.2d 1101 (1993), the district court held a jury trial. Plaintiffs prevailed on some claims under the Fair Labor Standards Act and state wage-payment laws, while defendants prevailed on claims under the Migrant and Seasonal Agricultural Worker Protection Act. Still other claims had been finally resolved in our opinion. As the prevailing parties under the FLSA, plaintiffs sought an award of attorneys’ fees, which 29 U.S.C. § 216(b) authorizes.

The district court slashed plaintiffs’ request by 50 percent and awarded approximately $61,000. Defendants say that this remains too high, but their brief does not contain the detailed analysis of billing records essential to call the district court’s bottom line into question. Percentage reductions of the kind the district court used are not a good way to make adjustments for partial success, see Lenard v. Argento, 808 F.2d 1242, 1245 (7th Cir.1987), but the plaintiffs, who lost the most from the district court’s meat-axe approach, have not appealed. Appellate review of fee calculations is deferential, Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 1941, 76 L.Ed.2d 40 (1983); Bankston v. Illinois, 60 F.3d 1249, 1255 (7th Cir.1995), and we are not persuaded that the district court exceeded allowable bounds in making the award.

Defendants also challenge the award of some $9,000 in costs. Once again appellate review is deferential. The award is unexceptionable in the main, but two items from the bill of costs require additional comment.

First, the district court awarded, as costs, outlays for travel and related expenses by attorneys and paralegals. These expenses are not listed in 28 U.S.C. § 1920 and therefore may not be reimbursed as costs. Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987); Collins v. Gorman, 96 F.3d 1057 (7th Cir.1996). They are nonetheless reimbursable—but as part of the award for attorneys’ fees, because travel and meal expenses are the sort of things that a lawyer includes with a bill for professional services. Missouri v. Jenkins, 491 U.S. 274, 285-89, 109 S.Ct. 2463, 2470-72, 105 L.Ed.2d 229 (1989); Herold v. Hajoca Corp., 864 F.2d 317, 323 (4th Cir. 1988).

Second, the district court included among the costs expenses plaintiff Daniel Gutierrez incurred in traveling from Texas to Illinois for trial. Section 1920 does not authorize this; neither does the theory of Missouri v. Jenkins, because the expense of a litigant’s travel does not appear on an attorney’s bill. According to plaintiffs, § 216(b) expands the category of costs. But the statute does not say so; it refers to “costs” without elaboration. To learn which expenses are taxable as “costs” a court must look elsewhere, and the only pertinent definition is in § 1920. Crawford Fitting holds that the judiciary may not expand its enumeration. Authorization to award attorneys’ fees in a category of cases does not add to the list of allowable costs. West Virginia University Hospitals, Inc. v. Casey, 499 U.S. 83, 111 S.Ct. 1138, 113 L.Ed.2d 68 (1991); Bankston, 60 F.3d at 1257. Although Colunga v. Young, 722 F.Supp. 1479, 1488 (W.D.Mich.1989), directs defendants to reimburse plaintiffs for their travel expenses in a FLSA case, that decision is contrary to Crawford Fitting and West Virginia University Hospitals, neither of which it cited. We therefore disapprove the district court’s conclusion in Colunga. The sixth circuit affirmed Colunga without published opinion, 914 F.2d 255 (1990) (table); its brief order (No. 89-2155, Aug. 31, 1990) shows that defendant contested the merits of the judgment against him but did not raise any issue concerning costs. Today’s decision therefore does not depart from the law established in any other court of appeals.

The decision of the district court is affirmed, except to the extent it directs the[*277] defendants to pay for Gutierrez’s travel expenses, and the case is remanded for the entry of a costs award consistent with this opinion