The United States Court of Appeals for the Seventh Circuit denied a Motion to File a Bill of Costs instanter because the deadline for filing had been missed by 2 days. In In re: Gallo, 585 F.3d. 304 (7th Cir. 2009) the court entered judgment in Mr. Gallo’s favor on July 20, 2009 and awarded him costs. Pursuant to Federal Rule of Appellate Procedure 39(d) a motion to tax costs must be filed within 14 days after entry of judgment. Gallo’s motion to file the Bill of Costs instanter was filed 2 days late. In an effort to show good cause, Gallo explained that the Bill of Costs was late because he had to gather information from members of the appeals team which were located in different towns. He said he needed the information to calculate the costs. The court said:
“Mr. Gallo’s attempt to show good cause falls short of this court’s expectations as articulated in Denofre. Mr. Gallo does not adequately explain why communication between team members in different locations delayed the filing of the bill of costs beyond the 14-day deadline. Moreover, even if communication was difficult, Mr. Gallo could have filed a motion to extend time to file the bill of costs in which he explained the extenuating circumstances. Considerations of stare decisis and the even-handed treatment of litigants requires that this court follow circuit precedent. Accordingly, Mr. Gallo’s request to file his bill of costs instanter is denied. (p. 305)”