Paul N. Papas v. Margaret Hanlon, 849 F.2d 702 (1st Cir. 1988). · Go Syfert
Paul N. Papas v. Margaret Hanlon, 849 F.2d 702 (1st Cir. 1988). Cases Citing This Book View Copy Cite
“we find no-show deposition costs are incidental expenses that fall within 1920(2) and conclude that the district court did not abuse its discretion when it entered the order awarding costs.”
29 citation events (14 in the last 25 years) across 16 distinct courts.
Strongest positive: Gonzalez v. Group Voyagers Inc (cod, 2023-10-10)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 24 distinct citers.
discussed Cited as authority (verbatim quote) Gonzalez v. Group Voyagers Inc
D. Colo. · 2023 · quote attribution · 1 verbatim quote · confidence high
we find no-show deposition costs are incidental expenses that fall within 1920(2) and conclude that the district court did not abuse its discretion when it entered the order awarding costs.
discussed Cited as authority (rule) Ceballos-Germosen v. Sociedad Para Asistencia Legal
D.P.R. · 2024 · confidence medium
In Papas v. Hanlon, the First Circuit noted that “a district court may take into account the limited financial resources of a plaintiff in assessing [whether to impose] costs.” 849 F.2d 702, 704 (1st Cir. 1988).
discussed Cited as authority (rule) United States v. DePuy Orthopaedics, Inc.
D. Mass. · 2022 · confidence medium
Mass. 2011) (“In this circuit, it is well settled that ‘allowable costs are specifically set out in 28 U.S.C. § 1920 ,’ and that ‘expert witness fees are not recoverable under 28 U.S.C. § 1920 or Rule 54.’” (citations omitted) (first quoting Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir. 1988); then quoting Sheehy v. Town of Plymouth, No. 95-cv-12425, 2001 U.S. Dist.
discussed Cited as authority (rule) Reyes v. Frank's Service & Trucking, LLC
Ariz. Ct. App. · 2014 · signal: cf. · confidence medium
Cf. Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988) (no-show deposition costs are “incidental expenses” that qualify as taxable costs under 28 U.S.C. § 1920 (2)); Dishman v. Cleary, 279 F.R.D. 460, 469 (N.D.I11.2012) (same). 2.
discussed Cited as authority (rule) Chaves v. Ruhland (In re Ruhland)
Bankr. D. Mass. · 2013 · confidence medium
March 28, 2013), The First Circuit has repeatedly stated that “[ajllowable costs are specifically set out in 28 U.S.C. § 1920 .” Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988) (per curiam) citing Bank of Honolulu v. Rivera Davila, 438 F.2d 1367, 1371 (1st Cir.1971); accord Walters v. President and Fellows of Harvard College, 692 F.Supp. 1440, 1441-42 (D.Mass.1988).
cited Cited as authority (rule) Anunciacao v. Caterpillar Japan, Ltd.
D. Mass. · 2012 · confidence medium
Aug. 10,2005) (citing, inter alia, Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988)).
discussed Cited as authority (rule) Merigan v. Liberty Life Assurance Co. of Boston
D. Mass. · 2012 · confidence medium
The First Circuit has repeatedly stated that “[allowable costs are specifically set out in 28 U.S.C. § 1920 .” Papas v. Hanlon, 849 F.2d 702, 704 (1 Cir., 1988) (citing City Bank of Honolulu v. Rivera Davila, 438 F.2d 1367, 1371 (1 Cir., 1971)); see also Crawford Fitting Co. v. J.T.
discussed Cited as authority (rule) Specialty Retailers, Inc. v. Main Street NA Parkade, LLC
D. Mass. · 2011 · confidence medium
In this circuit, it is well settled that “allowable costs are specifically set out in 28 U.S.C. § 1920 ,” Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988), and that “expert witness fees are not recoverable under 28 U.S.C. § 1920 or Rule 54.” Sheehy, 2001 WL 92386 at *8.
cited Cited as authority (rule) Mulvihill v. Spalding Worldwide Sports, Inc.
D. Mass. · 2002 · confidence medium
In exercising this discretion, a district court may take into account “the limited financial resources of the plaintiff.” Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988).
discussed Cited as authority (rule) Coulter v. Newmont Gold Co.
D. Nev. · 1994 · confidence medium
This is so even if— unlike Coulter — the losing plaintiff proceeded in forma pauperis, see Papas v. Hanlon, 849 F.2d 702, 703-04 (1st Cir.1988); see also Warren v. Guelker, 29 F.3d 1386, 1390 (9th Cir.1994) (dictum; Rule 11 sanctions were at issue), and even though the informa pauper-is plaintiff sued under Title VII.
discussed Cited as authority (rule) Lee Edward Warren v. Douglas Guelker
9th Cir. · 1994 · confidence medium
Such costs have been taxed upon a finding that the indigent’s action was frivolous or malicious, while other IFP plaintiffs have been held liable for costs even if litigation was undertaken in good faith.” Papas v. Hanlon, 849 F.2d 702, 703-04 (1st Cir.1988); see also Flint v. Haynes, 651 F.2d 970, 974 (4th Cir.1981), ce rt. denied, 454 U.S. 1151 , 102 S.Ct. 1018 , 71 L.Ed.2d 306 (1982) (despite inmates’ contention that costs should be awarded only in exceptional cases where claim is frivolous or otherwise improper, trial court properly assessed costs against three inmates who, after bei…
cited Cited as authority (rule) Brown v. De Filippis
S.D.N.Y. · 1989 · confidence medium
Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988).
cited Cited "see" Gilroy v. Kasper
D.N.H. · 2009 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988) (“The exercise of authority to tax costs under Rule 54(d) is discretionary when [in forma pauperis status] is involved.”).
discussed Cited "see" Boisvert v. Sears
D.N.H. · 1998 · signal: accord · confidence high
Templeman v. Chris Craft Corp, 770 F. 2d 245, 249 (1st Cir. 1985); accord Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir. 1988) (holding that deposing opposing party is a reasonable and necessary step in the preparation of a case).
cited Cited "see" Havenga v. Towing
1st Cir. · 1994 · signal: see · confidence high
See Papas v. ___ _____ Hanlon, 849 F.2d 702, 703 (1st Cir. 1988); FDIC V.
cited Cited "see" Havenga v. Towing
1st Cir. · 1994 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir. 1988); FDIC V.
discussed Cited "see" Berend J.D. Havinga v. Crowley Towing and Transportation Company, Berend J.D. Havinga v. Crowley Towing and Transportation Company
1st Cir. · 1994 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir.1988); FDIC v. Sumner Financial Corp., 602 F.2d 670 , 683 (5th Cir.1979) (holding that where bad faith is not “directly inferable from record,” district court did not abuse discretion in denying motion for extraordinary costs and attorney fees).
cited Cited "see" Ronald L. Jordan v. John Vercoe
6th Cir. · 1992 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir.1988) (per curiam).
cited Cited "see" Brenner v. Brown
6th Cir. · 1992 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir.1988) (per curiam). 8 Accordingly, the motions to dismiss are denied and the request for counsel is denied.
cited Cited "see" Lawrence Edward Mix, Jr. v. Raymond G. Toombs, Warden
6th Cir. · 1992 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir.1988) (per curiam).
cited Cited "see" Chester Patterson v. Gayla Jones, in Her Individual and Official Capacity Richard Johnson, in His Individual and Official Capacity
6th Cir. · 1992 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 703 (1st Cir.1988) (per curiam).
cited Cited "see" William H. Wyatt, Jr. v. Michael Bratschi, Detective
4th Cir. · 1990 · signal: see · confidence high
See Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988); Flint v. Haynes, 651 F.2d 970, 972-73 (4th Cir.1981), cert. denied, 454 U.S. 1151 (1982); 28 U.S.C.
cited Cited "see, e.g." In re Wolverine, Proctor & Schwartz, LLC
D. Mass. · 2015 · signal: see, e.g. · confidence medium
See, e.g., Papas v. Hanlon, 849 F.2d 702, 704 (1st Cir.1988); Roggio v. Grasmuck, 18 F.Supp.3d 49, 61 (D.Mass.2014).
cited Cited "see, e.g." Dukowitz v. Hannon Security Services
Minn. · 2014 · signal: see, e.g. · confidence medium
See, e.g., Papas v. Hanlon, 849 F.2d 702, 703-04 (1st Cir.1988) (per curiam).
Paul N. PAPAS, Et Al., Plaintiffs, Appellants,
v.
Margaret HANLON, Et Al., Defendants, Appellees
87-1905.
Court of Appeals for the First Circuit.
Jun 21, 1988.
849 F.2d 702
Paul N. Papas II, pro se., Marion L. Pierson, pro se., John B. Amado, pro se., Richard D. Bickelman, Paul R. DeRensis, Deutsch Williams Brooks DeRensis Holland & Drachman, P.C., Boston, Mass., on brief for defendants, appellees.
Breyer, Torruella, Selya.
Cited by 28 opinions  |  Published
PER CURIAM.

The appellant, Paul N. Papas, II, and two other purported appellants, [1] John B. Amado and Marion L. Pierson, proceeding in forma pauperis and pro se, appealed the district court’s dismissal of their complaint under Fed.R.Civ.P. 37 for failure to comply with various discovery orders. (A. 8-9). [2] A panel of this court affirmed the dismissal, Papas v. Hanlon, 831 F.2d 280 (1987) (per curiam), (A. 12-18), and the appellees subsequently filed a motion for costs under Fed.R.Civ.P. 54(d). (A. 23). The bill for $300, stenographer’s fees for three no-show depositions, was allowed and assessed against the plaintiff-appellant Papas. (A. 26). This pro se appeal followed. The only issue to be resolved on review is whether the district court may allow such costs against a litigant who has been permitted to proceed in forma pauperis (IFP). We review the district court’s taxation of costs under the abuse of discretion standard. Bose Corp. v. Consumers Union of U.S., Inc., 806 F.2d 304, 305 (1st Cir.1986), cert. denied, — U.S.-, 107 S.Ct. 1894, 95 L.Ed.2d 501 (1987).

The district court, under 28 U.S.C. § 1915(a), granted the plaintiffs indigent status in January 1986. [3] Such a grant waives the prepayment of the court’s costs, Barcelo v. Brown, 655 F.2d 458, 462 (1st Cir.1981), and generally contemplates a postponement of fees and costs during the prosecution of the action. Pasquarella v. Santos, 416 F.2d 436, 437 n. 2. (1st Cir.1969); Flint v. Haynes, 651 F.2d 970, 972 (4th Cir.1981). cert. denied, 454 U.S. 1151,[*704] 102 S.Ct. 1018, 71 L.Ed.2d 306 (1982). It does not completely immunize an indigent litigant from eventual liability for costs. This is clear from the text of 28 U.S.C. § 1915(e) which states that “judgment may be rendered for costs at the conclusion of the suit or action as in other cases ” (emphasis added). Thus, a post-judgment assessment of costs against an IFP litigant is permitted but not required under the express terms of the statute. Lay v. Anderson, 837 F.2d 231, 232 (5th Cir.1988); Flint v. Haynes, 651 F.2d 970, 973 (4th Cir.1981), Harris v. Forsyth, 742 F.2d 1277, 1278 (11th Cir.1984). Such costs have been taxed upon a finding that the indigent’s action was frivolous or malicious, Duhart v. Carlson, 469 F.2d 471, 478 (10th Cir.1972), ce rt. denied, 410 U.S. 958, 93 S.Ct. 1431, 35 L.Ed.2d 692 (1973); see also Galvan v. Cameron Mutual Ins. Co., 831 F.2d 804 (8th Cir.1987) (appeals court may under 28 U.S.C. § 1915(e) assess double costs for filing a frivolous appeal), while other IFP plaintiffs have been held liable for costs even if litigation was undertaken in good faith. See Chevrette v. Marks, 558 F.Supp. 1133, 1135 (M.D.Pa.1983). We do not reach this issue, however, and hold only that the exercise of authority to tax costs under Rule 54(d) is discretionary when IFP status is involved.

Allowable costs are specifically set out in 28 U.S.C. § 1920, City Bank of Honolulu v. Rivera Davila, 438 F.2d 1367, 1371 (1st Cir.1971), and include “fees of the court reporter [4] for all or any part of the stenographic transcript necessarily obtained for use in the case.” § 1920(2). Taking and transcribing depositions are within the ambit of § 1920(2), Ramos v. Lamm, 713 F.2d 546, 560 (10th Cir.1983); see 6 Moore’s Federal Practice, § 54.77[4], and in Templeman v. Chris Craft Corp., 770 F.2d 245 (1st Cir.1985), we said: “it is within the discretion of the district court to tax deposition costs, if special circumstances warrant it, even though the depositions were not put in evidence or used at trial.” Id., at 249. In the usual case, noticing the plaintiffs' depositions are reasonable and necessary steps in the preparation of a defendant’s case. Re Puerto Rico Electric Power Authority, 687 F.2d 501, 507 (1st Cir.1982); Hudson v. Nabisco Brands, Inc., 758 F.2d 1237, 1244 (7th Cir.1985). We find no-show deposition costs are incidental expenses that fall within § 1920(2) and conclude that the district court did not abuse its discretion when it entered the order awarding costs.

Finally, while a district court may take into account the limited financial resources of a plaintiff in assessing costs, we generally accord great deference to this kind of ruling and we will only disturb that award upon on a showing of abuse of discretion. The appellant has presented no good reason to overcome the presumption inherent in Rule 54(d), nor were any specific objections made to the district court regarding the necessity of the depositions or the defendants’ conduct in scheduling them.

Accordingly, the judgment of the district court granting appellees’ motion to assess costs is affirmed.

1

. The case, from its inception, has apparently been prosecuted solely by Papas. (See A. 8-9; 13).

2

. An appendix was filed by the appellees.- The appellants did not file an appendix or otherwise comply with Fed.R.App.P. 30.

3

.Nothing in the record before us indicates the appellants’ present income or assets.

4

. The fees of private reporters and stenographers have been held recoverable in addition to those of official reporters assigned to a courtroom. Hudson v. Nabisco Brands, 758 F.2d 1237, 1242 (7th Cir.1985).