Appendix Volume 12

IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT

_______________________________________________________
APPEAL NO. 17-11888

APPEAL NO. 17-12134
APPEAL NO. 17-12376
_________________________________________________________
NAUSHEEN ZAINULABEDDIN
PLAINTIFF-APPELLANT
v.
UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

DEFENDANT-APPELLEE
_________________________________________________________
APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF FLORIDA (TAMPA DIVISON)
CASE NO. 8:16-cv-00637 (Hon. James S. Moody)
____________________________________________________
PLAINTIFF APPENDIX
VOLUME XII OF XII: DOCKET 64.2(cont.) to 74
(Pages A-2241 TO A-2436)
___________________________
APPELLANT
Nausheen Zainulabeddin
4730 South Woodlawn Ave. Apt 3D
Chicago, IL 60615
nausheenkhawaja@gmail.com
Pro Se
INDEX
VOL. Tab Date Title Page

numbers
A-
I 2 1/22/16 Complaint filed in the Circuit 1-58
Court of the 13th Judicial
Circuit in and for Hillsborough
County, Florida
I 2-1 1/22/16 Dkt. 2 Exhibit A 59-64
I 2-2 1/22/16 Dkt. 2 Exhibit B 65-167

I 2-3 1/22/16 Dkt. 2 Exhibit C 168-169
I 2-4 1/22/16 Dkt. 2 Exhibit D 170-171
I 2-5 1/22/16 Dkt. 2 Exhibit E 172-175
I 2-6 1/22/16 Dkt. 2 Exhibit F 176-178
I 2-7 1/22/16 Dkt. 2 Exhibit G 179-180
I 1 3/17/16 Defendant Notice of Removal 181-186
I 1-1 3/17/16 Dkt. 1 Exhibit B: Summons 187-190
I 1-2 3/17/16 Dkt. 1 Exhibit C: Notice of 191-193
Appearance
I 1-3 3/17/16 Dkt. 1 Exhibit D: Designation 194-196
of E-mail Addresses
I 1-4 3/17/16 Dkt. 1 Exhibit F: Civil Cover 1971-198
Sheet
I 4 3/24/16 Defendant’s Motion to Dismiss 199-209
and for more Definite
Statement and Supporting
Memorandum of Law
II 6 3/30/16 Plaintiff’s Response in 210-222
Opposition to Defendant’s
Motion to Dismiss and for
more Definite statement, with
i
Incorporated Memorandum of
Law
II 6-1 3/30/16 Dkt. 6 Exhibit A 223-228
II 9 4/06/16 Case Management and 229-231
Scheduling Order
II 10 4/13/16 Order: Denial of Dkt. 4 232-240
II 11 4/27/16 Defendant’s Answer, Defenses, 241-272
and Affirmative Defenses
II 12 09/08/16 Unopposed Motion to 273-275
Withdraw and for Substitution
of Counsel
II 14 11/09/16 Order Referring Case to 276-280
Mediation and Directing
Selection of a Mediator
II 15 11/29/16 Joint Motion for Enlargement 281-284
of the Discovery and
Dispositive Motion Deadlines
II 17 12/09/16 Notice of Mediator Selection 285-286
and Scheduling of Mediation
II 18 12/13/16 Order Appointing Mediator and 287-288
Scheduling Mediation
II 19 02/01/17 Plaintiff Partially Opposed 289-294
Motion to take Deposition of
Dr. Joanne Valeriano-Mercent
Subsequent to close of
discovery with incorporated
statement of good cause
wherefore
II 19-1 02/01/17 Dkt. 19 Exhibit A: Plaintiff’s 295-297
Notice of Taking Deposition of
Dr. Joanne Valeriano-Marcet
II 20 02/02/17 Granted Order of Dkt. 19 298-299
II 21 02/03/17 Joint Motion to Extend 300-302
Mediation Deadline
ii
II 22 02/04/17 Defendant’s Motion for 303-326
Summary of Judgement
II 23 02/04/17 Defendant’s Notice of Filing 327-328
Deposition Transcripts In
Support of Its Motion for
II & III 23-1 02/04/17 Dkt. 23 Exhibit A, Volume I: 329-448
Plaintiff’s Deposition
Transcript and Exhibits
III 23-2 02/04/17 Dkt. 23 Exhibit A, Volume II: 449-563
Plaintiff’s Deposition
Transcript and Exhibits
III & IV 23-3 02/04/17 Dkt. 23 Exhibit B Deposition 564-650
Transcript of Dr. Deborah Roth
and Exhibits
IV 23-4 02/04/17 Dkt. 23 Exhibit C: Deposition 651-737
Transcript of Dr. Ambuj Kumar
and Exhibits
IV 23-5 02/04/17 Dkt. 23 Exhibit D: Deposition 738-810
Transcript of Dr. Saundra Stock
and Exhibits
IV &V 23-6 02/04/16 Dkt. 23 Exhibit D: Additional 811-871
documents
V 25 02/09/16 Notice of Withdrawal of 872-873
Plaintiff’s Motion to Take
Deposition of Dr. Joanne
Valeriano-Mercet
V 26 02/19/17 Plaintiff’s Statement of 874-885
Disputed Material Facts
V 26-1 02/19/17 Dkt. 26 Exhibit A 886-893
V 26-2 02/19/17 Dkt. 26 Exhibit B 894-898
V 26-3 02/19/17 Dkt. 26 Exhibit C 899-907
V 27 02/19/17 Plaintiff’s Response in 908-927
iii
Motion for Summary
Judgement
V 28 02/19/17 Plaintiff’s Notice of Filing 928-929
Affidavit in Support of
Plaintiff’s Response in
Motion for Summary
Judgement
V 28-1 02/19/17 Dkt. 28 Affidavit of Plaintiff 930-956
V 28-2 02/19/17 Dkt. 28 Exhibit A, B, C, D, 957-972
V 28-3 02/19/17 Dkt. 28 Exhibit E 973-980
V 28-4 02/19/17 Dkt. 28 Exhibit F, G, H, 981-995
V 28-5 02/19/17 Dkt. 28 Exhibit I, J, K, L 996-1018
V 29 02/19/17 Plaintiff’s Notice of Filing 1019-1020
Deposition of Steven Specter in
support of Plaintiff’s Response
in Opposition to Defendant’s
Motion for Summary
Judgement
V & VI 29-1 02/19/17 Dkt. 29 Deposition of Steven 1021-1203
Specter, Ph.D
VI 29-2 02/19/17 Dkt. 29 Plaintiff’s Amended 1204-1209
Notice of Taking Deposition of
Dr. Steven Specter
VI 29-3 02/19/17 Dkt. 29 Exhibit 2 1210
VI 29-4 02/19/17 Dkt. 29 Exhibit 3 1212
VI 29-5 02/19/17 Dkt. 29 Exhibit 4 1214
VI 29-6 02/19/17 Dkt. 29 Exhibit 5 1215
VI 29-7 02/19/17 Dkt. 29 Exhibit 6 1216
VI 29-8 02/19/17 Dkt. 29 Exhibit 7 1221
VI 29-9 02/19/17 Dkt. 29 Exhibit 8 1222
VI 29-10 02/19/17 Dkt. 29 Exhibit 9 1223
VI 29-11 02/19/17 Dkt. 29 Exhibit 10 1225
iv
VI & 29-12 02/19/17 Dkt. 29 Exhibit 11 1242
VII
VII 29-13 02/19/17 Dkt. 29 Exhibit 12 1243
VII 29-14 02/19/17 Dkt. 29 Exhibit 13 1244
VII 29-15 02/19/17 Dkt. 29 Exhibit 14 1251
VII 29-16 02/19/17 Dkt. 29 Exhibit 15 1260
VII 29-17 02/19/17 Dkt. 29 Exhibit 16 1269
VII 29-18 02/19/17 Dkt. 29 Exhibit 17 1270
VII 29-19 02/19/17 Dkt. 29 Exhibit 18 1276
VII 29-20 02/19/17 Dkt. 29 Exhibit 19 1284
VII 29-21 02/19/17 Dkt. 29 Exhibit 20 1285
VII 29-22 02/19/17 Dkt. 29 Exhibit 21 1287
VII 30 02/19/17 Plaintiff’s Notice of Filing 1288
Complete Deposition
Transcript of Dr. Ambuj Kumar
in Support of Plaintiff’s
Response in Opposition to
Defendant’s Motion for
VII 30-1 02/19/17 Dkt. 30 Deposition 1290-1362
VII 30-2 02/19/17 Dkt. 30 Exhibit 1 1363
VII 30-3 02/19/17 Dkt. 30 Exhibit 2 1364-1365
VII 30-4 02/19/17 Dkt. 30 Exhibit 3 1366-1371
VII 30-5 02/19/17 Dkt. 30 Exhibit 4 1372-1377
VII 30-6 02/19/17 Dkt. 30 Exhibit 5 1378-1396
VII 30-7 02/19/17 Dkt. 30 Exhibit 6 1397
VII 30-8 02/19/17 Dkt. 30 Exhibit 7 1399
VII 30-9 02/19/17 Dkt. 30 Exhibit 8 1401
VII 30-10 02/19/17 Dkt. 30 Exhibit 9 1402
VII 30-11 02/19/17 Dkt. 30 Exhibit 10 1403
VII 30-12 02/19/17 Dkt. 30 Exhibit 11 1405
VII 30-13 02/19/17 Dkt. 30 Exhibit 12 1406
VII 30-14 02/19/17 Dkt. 30 Exhibit 13 1407
v
VII 30-15 02/19/17 Dkt. 30 Exhibit 14 1408
VII 30-16 02/19/17 Dkt. 30 Exhibit 15 1409
VII 30-17 02/19/17 Dkt. 30 Exhibit 16 1410
VII 31 02/27/17 Joint Motion to Extend 1418
Mediation Deadline
VII 33 03/01/17 Defendant’s Motion for Leave 1421
to reply to Plaintiff’s Response
to Defendant’s Motion for
Summary Judgement
VII 35 03/07/17 Unopposed Motion to 1424
Withdraw and for Substitution
of Counsel
VII 36 03/08/17 Order Granting Dkt. 35 1427
VII 37 03/15/17 Defendant’s Reply to Plaintiff’s 1428
VIII 38 03/18/17 Plaintiff’s Motion for Leave to 1437
File Surreply to Defendant’s
Reply Memorandum to
Plaintiff’s Response in
Motion for Summary
Judgement
VIII 40 03/22/17 Mediation Report 1440
VIII 41 03/24/17 Plaintiff’s Surreply to 1442
Defendant’s Reply
Memorandum to Plaintiff’s
Summary Judgement
VIII 41-1 03/24/17 Dkt. 41 Exhibit A 1447
VIII 41-2 03/24/17 Dkt. 41 Exhibit B 1451
vi
VIII 42 04/19/17 Order Granting Summary of 1455-1484
Judgement in Favor of
Defendant
VIII 43 04/20/17 Judgement in Civil Case signed 1485-1486
by Deputy Clerk
VIII 44 04/26/17 Plaintiff’s Notice of Appeal to 1487-1488
USCA 11th circuit for Dkt. 42
VIII 46 04/27/17 Transfer of Appeal to USCA 1489-1552
11th Circuit (Dkt. 44).
VIII 47 04/27/17 Application for Leave to 1553-1555
Withdraw as Counsel
VIII 48 05/01/17 Motion for Reconsideration 1556-1581
VIII 48-1 05/01/17 Dkt. 48 Exhibit 1 to Exhibit 14 1582-1641
IX 48-2 05/01/17 Dkt. 48 Exhibit 15 to 32 1642-1720
IX 48-3 05/01/17 Dkt. 48 Exhibit 33 to 43 1721-1806
IX & X 48-4 05/01/17 Dkt. 48 Exhibit 44 to 47 1807-1841
X 48-5 05/01/17 Dkt. 48 Exhibit 48 to 57 1842-1935
X 49 05/01/17 Dkt. 48 Affidavit 1936-1948
X 50 05/01/17 Motion For Recusal 1949
X 50-1 05/01/17 Dkt. 50 Exhibit A to Exhibit I 1973-2042
X 51 05/01/17 Pro Se Motion of Continuance 2043-2046
XI 54 05/03/17 Order Denying Motion for 2047-2049
Reconsideration (Dkt. 48)
XI 55 05/03/17 Defendant’s Motion to Tax 2050-2055
Costs with Verified Bill of
Costs
XI 55-1 05/03/17 Dkt. 55 Exhibit A 2056-2081
XI 56 05/03/17 Plaintiff’s Motion to Stay 2082-2097
District Court Administrative
Proceedings of
(1) Pro Se Motion of
Continuance
(2) Motion for
Reconsideration
vii
(3) Motion of Recusal,
Pending Appeal
XI 56-1 05/03/17 Plaintiff’s Responses and 2098
Objections to Defendant’s First
Set of Interrogatories to
Plaintiff. + Exhibits
XI 59 05/08/17 Directions to Clerk for Notice 2164
of Appeal dated April 26, 2017
XI 59-1 05/08/17 Dkt. 59 Exhibit A 2166
XI 60 05/10/17 Notice of Appeal for Dkt. 57; 2178
dated May 10, 2017
XI 61 05/10/17 IFP of USCA FC 2180
XI 64 05/17/17 Plaintiff Opposition to 2185
Defendant’s Bill of Costs
XI 64-1 05/17/17 Dkt. 64 Exhibit A to E 2199

XI & 64-2 05/17/17 Dkt. 64 Exhibit F 2214
XII
XII 64-3 05/17/17 Dkt. 64 Exhibit G 2300
XII 64-4 05/17/17 Dkt. 64 Exhibit H 2345
XII 64-5 05/17/17 Dkt. 64 Exhibit 2400
XII 64-6 05/17/17 Dkt. 64 Exhibit 2304
XII 66 05/19/17 Order granting Dkt. 64 in favor 2405
of Defendant
XII 67 05/22/17 Bill of Costs 2412
XII 69 05/22/17 Direction to Clerk for Notice of 2413
Appeal dated May 10, 2017
XII 70 05/22/17 Notice of Appeal to USCA FC 2429
and Petition of Review
XII 71 05/22/17 Notice of Appeal for Dkt. 66 2431
dated May 22, 2017
XII 74 05/23/17 Directions to the Clerk; 2433
Transfer Error
viii
9/2/2017 Zainulabeddin v. University of South Florida Board of Trustees (8:16-cv-00637), Florida Middle District Court
Zainulabeddin v. University of South Florida Board of Trustees

Dashboard
Florida Middle District Court

Judge: James S Moody, Jr
Referred: Thomas G Wilson
Case #: 8:16-cv-00637
Nature of Suit 440 Civil Rights - Other Civil Rights
Cause 29:0794 Job Discrimination (Handicap)
Case Filed: Mar 17, 2016
Terminated: Apr 20, 2017
Docket Parties (2) Related Cases (4) News
Last checked: Tuesday Sep 13, 2016 5:04 AM EDT Update Parties
Defendant
Represented By
University of South Florida Board of Trustees
John F. Dickinson
Constangy, Brooks, Smith, & Prophete, LLP
jdickinson@constangy.com
John Sikes Gibbs

egibbs@constangy.com
J. Ray Poole, Jr.

rpoole@constangy.com
Plaintiff
Represented By
Stanley Robert Apps
Stanley R. Apps, P.A.
stan.apps@gmail.com
0:17-prici-11888 - Nausheen Zainulabeddin v. University of South Florida Bo 04/27/2017
https://www.pacermonitor.com/case/11005379/Zainulabeddin_v_University_of_South_Florida_Board_of_Trustees 1/15
0:17-cvpri-02083 - Zainulabeddin v. USF Board of Trustees 05/25/2017
Navigation Edit Alert
Docket last updated: 09/01/2017 11:59 PM EDT Update Now
Friday, July 28, 2017
82 appeal USCA Mandate Fri 12:08 PM

MANDATE of USCA for the Federal Circuit terminating appeal as to70 Notice of appeal filed by Nausheen
Zainulabeddin Issued as Mandate: 7/27/17 USCA number: 17-2083 ML. (JNB)
81 appeal USCA order Fri 12:07 PM

ORDER of USCA for the Federal Circuit:. The motion to acknowledge Ms. Zainulabeddin's filing as timely31 is
granted. The petition for panel rehearing30 is denied. All other pending motions28 3233 are denied as moot.
No further motions will be docketed or considered as to70 Notice of appeal filed by Nausheen Zainulabeddin.
EOD: 7/27/17; USCA number: 17-2083 ML. (JNB)
Tuesday, June 20, 2017
80 3 pgs appeal USCA order Tue 11:57 AM
ORDER of USCA filed terminating appeal; denying as moot motion to allow efiling19 filed by Appellant
Nausheen Zainulabeddin; denying as moot motion for other relief15 filed by Appellant Nausheen
Zainulabeddin, denying as moot motion for other relief11 filed by Appellant Nausheen Zainulabeddin; denying
as moot motion to correct document14 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
for leave to proceed in forma pauperis7 filed by Appellant Nausheen Zainulabeddin; denying as moot motion
to correct or supplement record on appeal4 filed by Appellant Nausheen Zainulabeddin. Each side shall bear
its own costs as to70 Notice of appeal filed by Nausheen Zainulabeddin. EOD: 6/20/17; USCA number: 17-
2083 ML. (JNB)
Thursday, June 08, 2017

79 appeal Designation of Record on Appeal Fri 2:55 PM
DESIGNATION of Record on Appeal (Directions to the Clerk) by Nausheen Zainulabeddin re71 Notice of
appeal.(AG)
Att: 1 Mailing Envelope
Monday, June 05, 2017
78 4 pgs notice Notice (Other) Tue 3:49 PM
NOTICE to the clerk of corrections needed of docketing errors - May 10, 2017 thru Mary 31, 2017 by
Nausheen Zainulabeddin.(AG)
Att: 1 Exhibit,
Att: 2 Exhibit,
Att: 3 Mailing Envelope
77 2 pgs order Order on motion to supplement Mon 9:12 AM
ORDER denying 63 Plaintiff's Motion to Supplement the Record on Appeal. Signed by Judge James S.
Moody, Jr. on 6/5/2017. (LN)
Wednesday, May 31, 2017

appeal Transmittal to USCA Wed 8:43 AM
TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re71 Notice of appeal,60 Notice
of appeal USCA number: 17-11888 G and 17-12134 C. (BSN)
Tuesday, May 30, 2017

76 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 5:37 PM
ORDER granting 72 Motion for leave to appeal in forma pauperis/affidavit of indigency. Signed by Magistrate
Judge Thomas G. Wilson on 5/30/2017. (Wilson, Thomas)
75 5 pgs respm Response in Opposition to Motion Tue 5:01 PM
RESPONSE in Opposition re63 MOTION to supplement Record on Appeal and support for Motion and
Declaration for leave to proceed In Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge filed by
University of South Florida Board of Trustees. (Mans, Lori)
appeal Transmittal to USCA Tue 10:21 AM

TRANSMITTAL to USCA forwarding Order granting In Forma Pauperis re60 Notice of appeal USCA number:
17-12134 C. (BSN)

73 56 pgs appeal Transmittal of initial appeal package Wed 3:18 PM
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet,
order/judgment being appealed, and motion, if applicable to USCA re70 Notice of appeal,71 Notice of appeal.
(KMM)
appeal Transmittal to USCA Wed 2:47 PM

TRANSMITTAL to USCA forwarding Order granting appeal in forma pauperis re44 Notice of appeal USCA
number: 17-11888 G. (BSN)
74 4 pgs notice Notice (Other) Wed 3:23 PM
DIRECTIONS TO THE CLERK by Nausheen Zainulabeddin. (BSN)
68 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Tue 6:02 PM
Monday, May 22, 2017

72 motion Appeal in forma pauperis/affidavit of indigency Wed 3:10 PM
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin. (KMM)
71 2 pgs appeal Notice of appeal Wed 3:09 PM
NOTICE OF APPEAL to USCA as to66 Order on Motion for Taxation of Costs by Nausheen Zainulabeddin.
Filing fee not paid. (KMM)
70 2 pgs appeal Notice of appeal Wed 3:07 PM
NOTICE OF APPEAL to Federal Circuit as to42 Order on motion for summary judgment,54 Order on Motion for
ReconsiderationOrder on motion for recusal by Nausheen Zainulabeddin. Filing fee not paid.(KMM)
Att: 1 2 pgs Petition for Review
69 16 pgs notice Notice (Other) Wed 3:03 PM
Directions to the Clerk, by Nausheen Zainulabeddin (KMM)
67 1 pgs misc Bill of costs Mon 8:30 AM
BILL OF COSTS taxed against Plaintiff in the amount of $5,382.15. Signed by Deputy Clerk. (AD)
Friday, May 19, 2017

66 7 pgs order Order on Motion for Taxation of Costs Fri 10:56 AM
ORDER: Defendant's Motion to Tax Costs 55 is granted in part and denied in part as explained herein.
Defendant is entitled to $5,382.15 in costs. The Clerk of Court is directed to enter a Bill of Costs in the amount
of $5,382.15 in favor of Defendant and against Plaintiff. Signed by Judge James S. Moody, Jr. on 5/19/2017.
(LN)

65 misc Certificate of interested persons and corporate disclosure statement Thu 10:05 AM
CERTIFICATE of interested persons and corporate disclosure statement re3 Related case order and track 2
notice by Nausheen Zainulabeddin. (BSN)
64 14 pgs respm Response in Opposition to Motion Thu 10:03 AM
RESPONSE in Opposition re55 MOTION for Taxation of Costs with Verified Bill of Costs and Supporting
Memorandum of Law filed by Nausheen Zainulabeddin.(BSN)
Att: 1 19 pgs Exhibit A-E,
Att: 2 99 pgs Exhibit F,
Att: 3 45 pgs Exhibit G,
Att: 4 55 pgs Exhibit H,

Att: 5 3 pgs Exhibit,

Att: 7 2 pgs Exhibit
63 19 pgs motion Supplement Tue 3:55 PM
MOTION to supplement Record on Appeal and support for Motion and Declaration for leave to proceed In
Forma Pauperis (issues on appeal, Dkt. 61) to Magistrate Judge by Nausheen Zainulabeddin.(BSN)
Att: 1 38 pgs Exhibit A,

Att: 2 101 pgs Exhibit 1,




Att: 13 139 pgs Exhibit 12

62 15 pgs appeal Transmittal of initial appeal package Thu 10:52 AM
order/judgment being appealed, and motion, if applicable to USCA re60 Notice of appeal. (BSN)
61 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 10:44 AM
MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)

Motions referred to Magistrate Judge Thomas G. Wilson.
60 2 pgs appeal Notice of appeal Thu 10:43 AM
NOTICE OF APPEAL as to 57 Order on motion to stay,54 Order on Motion for Reconsideration Order on
motion for recusal by Nausheen Zainulabeddin. Filing fee not paid. (BSN)
59 2 pgs appeal Designation of Record on Appeal Tue 4:58 PM
DESIGNATION (Directions to the Clerk) of Record on Appeal by Nausheen Zainulabeddin re44 Notice of
appeal(AG)
Att: 1 12 pgs Exhibit A
Friday, May 05, 2017

appeal Transmittal to USCA Fri 8:11 AM
TRANSMITTAL to USCA forwarding ORDER granting Motion for leave to appeal in forma pauperis/affidavit of
indigency re44 Notice of appeal USCA number: 17-11888 G. (KMM)
Thursday, May 04, 2017

58 order Order on motion for leave to appeal in forma pauperis/affidavit of indigency Thu 4:21 PM
57 order Order on motion to stay Thu 1:57 PM

ENDORSED ORDER denying as moot 56 motion to stay. Signed by Judge James S. Moody, Jr. on 5/4/2017.
(LN)
56 16 pgs motion Stay Thu 10:57 AM
MOTION to stay documents re48 ,49 ,50 and51 pending appeal by Nausheen Zainulabeddin.(BSN)
55 6 pgs motion Taxation of Costs Wed 5:26 PM
MOTION for Taxation of Costs with Verified Bill of Costs and Supporting Memorandum of Law by University of
South Florida Board of Trustees.(Mans, Lori) Motions referred to Magistrate Judge Thomas G. Wilson.
Att: 1 26 pgs Exhibit Motion to Tax Costs Exhibit A
54 3 pgs order Order on Motion for Reconsideration Order on motion for recusal Wed 1:04 PM
ORDER denying 48 Motion for Reconsideration; denying 50 Motion for Recusal. Signed by Judge James S.
Moody, Jr. on 5/3/2017. (LN)
53 order Order on Motion to Continue Wed 11:18 AM

ENDORSED ORDER denying 51 Motion to Continue. Signed by Judge James S. Moody, Jr. on 5/3/2017. (LN)
52 order Order on Motion to Withdraw as Attorney Wed 11:17 AM

ENDORSED ORDER granting 47 Motion to Withdraw as Attorney. Attorney Stanley Robert Apps terminated.
Pro se Plaintiff's address of record is 4409 W. Varn Avenue, Tampa, FL 33616. Signed by Judge James S.
Moody, Jr on 5/3/2017. (LN)
51 4 pgs motion Continue Wed 10:49 AM
MOTION to Continue by Nausheen Zainulabeddin. (BSN)
50 23 pgs motion Recusal Tue 12:48 PM
MOTION for Recusal by Nausheen Zainulabeddin.(BSN)
Att: 1 70 pgs Exhibit A-F
49 13 pgs misc Affidavit Tue 12:47 PM
AFFIDAVIT of Nausheen Zainulabeddin re:48 MOTION for Reconsideration re43 Judgment by Nausheen
Zainulabeddin. (BSN)
48 26 pgs motion Reconsideration Tue 12:46 PM
MOTION for Reconsideration re43 Judgment by Nausheen Zainulabeddin.(BSN)
Att: 1 60 pgs Exhibit 1-14,

Att: 4 129 pgs Exhibit 44-57
Thursday, April 27, 2017
47 3 pgs motion Withdraw as Attorney Thu 7:58 PM
MOTION for Stanley R. Apps to withdraw as attorney for the Plaintiff, Nausheen Zainulabeddin, based upon
her election to proceed pro se by Stanley Robert Apps. (Apps, Stanley) Motions referred to Magistrate Judge
Thomas G. Wilson.
46 64 pgs appeal Transmittal of initial appeal package Thu 9:41 AM
order/judgment being appealed, and motion, if applicable to USCA re44 Notice of appeal. (BSN)
Wednesday, April 26, 2017
45 5 pgs motion Appeal in forma pauperis/affidavit of indigency Thu 9:14 AM

MOTION for leave to appeal in forma pauperis/affidavit of indigency by Nausheen Zainulabeddin.(BSN)
Motions referred to Magistrate Judge Thomas G. Wilson.
44 2 pgs appeal Notice of appeal Thu 9:13 AM
NOTICE OF APPEAL as to42 Order on motion for summary judgment by Nausheen Zainulabeddin. Filing fee
not paid. (BSN)
Thursday, April 20, 2017

43 2 pgs misc Judgment Thu 9:07 AM
JUDGMENT in favor of University of South Florida Board of Trustees against Nausheen Zainulabeddin (Signed
by Deputy Clerk) (BSN)
42 30+ pgs order Order on motion for summary judgment Wed 4:07 PM
ORDER: Defendant's Motion for Summary Judgment (Doc. 22) is granted. The Clerk of Court is directed to
enter final judgment in favor of Defendant and against Plaintiff. After entry of final judgment, the Clerk of Court
is directed to close this case and terminate any pending motions as moot. Signed by Judge James S. Moody,
Jr. on 4/19/2017. (AD)
Friday, March 24, 2017
41 5 pgs respm Memorandum in opposition Fri 12:18 PM
MEMORANDUM in opposition re37 Reply to Response to Motion Plaintiff's Surreply to Defendant's Reply to
Plaintiff's Response in Opposition to Defendant's Motion for Summary Judgment filed by Nausheen
Zainulabeddin.(Apps, Stanley)
Att: 2 4 pgs Exhibit B
Wednesday, March 22, 2017
40 2 pgs adr Mediation report Wed 3:04 PM
MEDIATION report Hearing held on 3/22/2017. Hearing outcome: IMPASSE. (Shulman, Christopher)
Tuesday, March 21, 2017
39 order Order on Motion for Leave to File Tue 1:14 PM

ENDORSED ORDER granting 38 Motion for Leave to File Surreply. Surreply shall be filed within seven (7) days
of the date of this Order. Signed by Judge James S. Moody, Jr. on 3/21/2017. (LN)
Saturday, March 18, 2017
38 3 pgs motion Leave to File Document Sat 2:57 AM
MOTION for leave to file Surreply of no more than 5 pages to Defendant's Reply Memorandum to Plaintiff's
Response in Opposition to Defendant's Motion for Summary Judgment by Nausheen Zainulabeddin. (Apps,
Stanley)
37 9 pgs respm Reply to Response to Motion Wed 2:00 PM
REPLY to Response to Motion re22 MOTION for summary judgment filed by University of South Florida Board
of Trustees. (Mans, Lori)
36 1 pgs order Order on Motion to Withdraw as Attorney Thu 5:27 PM
ORDER granting 35 Motion to Withdraw as Attorney and for Substitution of Counsel. Attorney J. Ray Poole,
Jr., terminated. Signed by Magistrate Judge Thomas G. Wilson on 3/8/2017. (DMS)
Tuesday, March 07, 2017
35 3 pgs motion Withdraw as Attorney Tue 5:00 PM
MOTION for J. Ray Poole to withdraw as attorney and for Substitution of Counsel and Supporting
Memorandum of Law by University of South Florida Board of Trustees. (Dickinson, John)
34 order Order on Motion for Leave to File Wed 3:43 PM

ENDORSED ORDER granting 33 Motion for Leave to File Reply. Reply is limited to 10 pages and shall be filed
within 14 days. Signed by Judge James S. Moody, Jr. on 3/1/2017. (LN)
33 3 pgs motion Leave to File Document Wed 2:28 PM
MOTION for leave to file Reply to Plaintiff's Response in Opposition to Defendant's Motion for Summary
Judgment by University of South Florida Board of Trustees. (Poole, J.)
Tuesday, February 28, 2017
32 order Order on motion to extend time Tue 9:16 AM

ENDORSED ORDER granting 31 Joint Motion to extend time to conduct Mediation until MARCH 22, 2017.
Signed by Judge James S. Moody, Jr. on 2/28/2017. (LN)
Monday, February 27, 2017
31 3 pgs motion Extend time Mon 4:23 PM
Joint MOTION to extend time to conduct Mediation until March 22, 2017 by Nausheen Zainulabeddin. (Apps,
Stanley)
Sunday, February 19, 2017
30 2 pgs notice Notice (Other) Sun 6:40 PM
NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion,23 Notice (Other) Notice of Filing
COMPLETE Deposition Transcript of Dr. Ambuj Kumar, M.D., including Exhibit omitted by Defendant(Apps,
Stanley)
Att: 1 86 pgs Exhibit Deposition of Ambuj Kumar, MD,



NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Deposition
Transcript of Dr. Steven Specter, Ph.D.(Apps, Stanley)
Att: 1 182 pgs Exhibit Deposition of Steven Specter,




NOTICE by Nausheen Zainulabeddin re27 Response in Opposition to Motion Notice of Filing Affidavit of the
Plaintiff in support of Plaintiff's Response in Opposition to Summary Judgment(Apps, Stanley)
Att: 1 27 pgs Affidavit of Nausheen Zainulabeddin,

27 20 pgs respm Response in Opposition to Motion Sun 4:13 PM
RESPONSE in Opposition re22 MOTION for summary judgment with supporting Memorandum of Law filed by
Nausheen Zainulabeddin. (Apps, Stanley)
26 12 pgs misc Statement of undisputed facts Sun 4:11 PM
STATEMENT of undisputed facts re:22 MOTION for summary judgment Statement of DISPUTED MATERIAL
FACTS, precluding entry of summary judgment by Nausheen Zainulabeddin..(Apps, Stanley)
Att: 2 5 pgs Exhibit B,
Att: 3 9 pgs Exhibit C
Thursday, February 09, 2017
25 2 pgs misc Notice of withdrawal of motion Thu 4:00 PM
NOTICE of withdrawal of motion by Nausheen Zainulabeddin re19 MOTION to Take Deposition from Dr.
Joanne Valeriano-Marcet Subsequent to Close of Discovery, with Incorporated Statement of Good Cause
Wherefore filed by Nausheen Zainulabeddin (Apps, Stanley)
Monday, February 06, 2017
24 order Order on motion to extend time Mon 9:49 AM

ENDORSED ORDER granting 21 Joint Motion to extend time to conduct mediation. Extension granted through
MARCH 1, 2017. Signed by Judge James S. Moody, Jr. on 2/6/2017. (LN)
Saturday, February 04, 2017
23 2 pgs notice Notice (Other) Sat 5:03 PM
NOTICE by University of South Florida Board of Trustees re22 MOTION for summary judgment (Poole, J.)
Att: 1 120 pgs Exhibit Deposition of Nausheen Zainulabeddin,
Att: 2 115 pgs Exhibit Deposition of Nausheen Zainulabeddin Part 2,
Att: 3 87 pgs Exhibit Deposition of Dr. Deborah Roth and Exhibits Thereto,
Att: 4 87 pgs Exhibit Deposition of Dr. Ambuj Kumar and Exhibits Thereto,
Att: 5 73 pgs Exhibit Deposition of Dr. Saundra Stock,

Att: 6 61 pgs Exhibit Deposition of Dr. Saundra Stock and Exhibits Thereto Part 2
22 25 pgs motion Summary judgment Sat 3:49 PM
MOTION for summary judgment by University of South Florida Board of Trustees. (Poole, J.)
Friday, February 03, 2017
21 3 pgs motion Extend time Fri 8:45 PM
Joint MOTION to extend time to Complete Mediation by University of South Florida Board of Trustees. (Poole,
J.)
Thursday, February 02, 2017
20 2 pgs order Order on Motion to Take Deposition Thu 5:30 PM
ORDER granting 19 Motion to Take Deposition of Dr. Joanne Valeriano-Marcet on February 3, 2017. See Order
for further details. Signed by Magistrate Judge Thomas G. Wilson on 2/2/2017. (DMS)
Wednesday, February 01, 2017
19 6 pgs motion Take Deposition Wed 4:43 PM
MOTION to Take Deposition from Dr. Joanne Valeriano-Marcet Subsequent to Close of Discovery, with
Incorporated Statement of Good Cause Wherefore by Nausheen Zainulabeddin.(Apps, Stanley)
Tuesday, December 13, 2016
18 2 pgs order Order appointing mediator/scheduling mediation Tue 9:39 AM
ORDER appointing Christopher M. Shulman as mediator in this action. Mediation Conference set for
FEBRUARY 10, 2017. Signed by Judge James S. Moody, Jr. on 12/13/2016. (LN)
Friday, December 09, 2016
17 2 pgs adr Notice of selection of mediator Fri 10:32 PM
NOTICE OF SELECTION of Christopher M. Shulman as mediator by University of South Florida Board of

Trustees. (Poole, J.)
Wednesday, November 30, 2016
16 order Order on Motion for Extension of Time to Complete Discovery Wed 9:53 AM
ENDORSED ORDER granting 15 the Parties' Joint Motion for Extension of Time to Complete Discovery.
Discovery shall be completed by February 1, 2017. Dispositive Motions are now due February 4, 2017. All
other dates in the Case Management Order remain unchanged. Signed by Judge James S. Moody, Jr on
11/30/2016. (RWL)
Tuesday, November 29, 2016
15 4 pgs motion Extension of Time to Complete Discovery Tue 3:53 PM
Joint MOTION for Extension of Time to Complete Discovery by University of South Florida Board of Trustees.
(Poole, J.)
Wednesday, November 09, 2016
14 5 pgs order Order referring case to mediation Wed 1:55 PM
ORDER referring case to mediation and directing selection of a mediator on or before 12/9/2016. Mediation
shall be conducted on or before 3/1/2017. Signed by Judge James S. Moody, Jr on 11/9/2016. (LN)
Friday, September 09, 2016

13 order Order on Motion to Withdraw as Attorney Fri 9:34 AM
ENDORSED ORDER granting 12 Motion to Withdraw as Attorney. Attorney John Sikes Gibbs terminated.
Attorney John F. Dickinson is directed to file a Notice of Appearance in this case. Signed by Judge James S.
Moody, Jr on 9/9/2016. (LN)
Thursday, September 08, 2016
12 3 pgs motion Withdraw as Attorney Thu 3:57 PM
Unopposed MOTION for Gibbs to withdraw as attorney by University of South Florida Board of Trustees.
(Poole, J.)
11 32 pgs answer Answer to Complaint Wed 1:48 PM
ANSWER and affirmative defenses to Complaint by University of South Florida Board of Trustees.(Gibbs, John)
10 9 pgs order Order on motion to dismiss Wed 11:18 AM
ORDER: Defendant's Motion to Dismiss and For More Definite Statement 4 is DENIED. Defendant shall file an
answer within fourteen (14) days of the entry of this order. Signed by Judge James S. Moody, Jr. on 4/13/2016.
(LN)
9 3 pgs order Case management and scheduling order Wed 10:23 AM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/3/2017, Dispositive motions due by
2/1/2017, Pretrial Conference set for TUESDAY, MAY 2, 2017 at 9:15 AM in Tampa Courtroom 17 before Judge
James S. Moody Jr., Jury Trial set for JUNE 2017 trial term in Tampa Courtroom 17 before Judge James S.
Moody Jr. Signed by Judge James S. Moody, Jr. on 4/6/2016. (AR)
Monday, April 04, 2016
8 misc Case Management Report Mon 2:02 PM

CASE MANAGEMENT REPORT. (Gibbs, John)

7 notice Notice of pendency of related cases Wed 5:23 PM
NOTICE of pendency of related cases re3 Related case order and track 2 notice per Local Rule 1.04(d) by
Nausheen Zainulabeddin. Related case(s): yes (Apps, Stanley)
6 13 pgs respm Response in Opposition to Motion Wed 4:46 PM
RESPONSE in Opposition re4 MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and
Supporting Memorandum of Law filed by Nausheen Zainulabeddin.(Apps, Stanley)
Friday, March 25, 2016
5 notice Notice of pendency of related cases Fri 1:15 PM

NOTICE of pendency of related cases per Local Rule 1.04(d) by University of South Florida Board of Trustees.
Related case(s): No (Gibbs, John)
Thursday, March 24, 2016
4 11 pgs motion Dismiss Thu 2:15 PM
MOTION to Dismiss Plaintiff's Complaint and For More Definite Statement and Supporting Memorandum of
Law by University of South Florida Board of Trustees. (Gibbs, John)
Monday, March 21, 2016

3 order Related case order and track 2 notice Mon 4:27 PM
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Issued by Deputy Clerk
on 3/21/2016. (AR)
Thursday, March 17, 2016

2 cmp Complaint Fri 12:03 PM
COMPLAINT against University of South Florida Board of Trustees with Jury Demand filed by Nausheen
Zainulabeddin . Originally filed in state court on 1/22/16.(BSN) Modified on 3/18/2016 (BSN)
Att: 1 Exhibit
1 6 pgs notice Notice of Removal Fri 12:01 PM
NOTICE OF REMOVAL from 13th Judicial Circuit in and for Hillsborough County, Florida, case number 16-CA-
000669 filed in State Court on 1/22/16. Filing fee $ 400, receipt number tpa 035597 filed by University of
South Florida Board of Trustees.(BSN)

Att: 4 2 pgs Civil Cover Sheet
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Case 8:16-cv-00637-JSM-TGW Document 64-2 Filed 05/17/17 Page 35 of 99 PageID 4054
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5/15/2017 Case 8:16-cv-00637-JSM-TGW Document 64-5
Gmail - Copy of yourFiled 05/17/17
USF email inbox Page 1 of 3 PageID 4219
A-2400 Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com>
Copy of your USF email inbox
6 messages
Stanley R. Apps <stan.apps@gmail.com> Tue, Dec 6, 2016 at 7:09 PM
To: Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com>
Hi Nausheen,
I'm trying to send a copy of your USF email account as a Google Drive attachment to this email. Let me know if it works. If
not, I will snailmail.
Zainulabeddin.pst
Stanley R. Apps
Attorney at Law
(310) 7093966
Offices of Stanley R. Apps, P.A.
A Law Firm Specializing in Education Law
Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com> Tue, Dec 6, 2016 at 7:42 PM
To: "Stanley R. Apps" <stan.apps@gmail.com>
It does not work. I thought they would reactivate the account for few days. But, don't worry about it. I have enough emails
saved from that account that would be of assistance to me in the future.
Just focus on the depositions.
I apologize in advance for the inconvenience.
Nausheen
[Quoted text hidden]
Stanley <stan.apps@gmail.com> Tue, Dec 6, 2016 at 10:02 PM
To: Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com>
You can only open it with Outlook. If you do that, it should work.
Stanley R. Apps
Attorney at Law
1950 Elkhorn Ct., Unit 147
San Mateo, CA 94403
(310) 7093966
Stanley R. Apps, P.A.
A Law Firm Specializing in Education Law
Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com> Wed, Dec 7, 2016 at 3:32 AM
To: Stanley <stan.apps@gmail.com>
It worked!
No emails were present for Dr. Specter.
Nausheen
https://mail.google.com/mail/u/0/?ui=2&ik=52eb5fd733&view=pt&q=HEALTH%20ACCOUNT&qs=true&search=query&th=158d8afa81621482&siml=158d69d668… 1/3
A-2401
Stan,
The emails you sent me were organized a bit vague. I got through mostly all of them. This is helpful (anything is), but it
was not a recovery of any of my email account. I presume it was it handpicked emails; possibly for discovery
purposes. Note: none of Dr. Estevez, Dr. Kumar's, etc. emails between me are present.
Doctoring
One critical matter is that Doctoring Preceptor, Dr. Estevez even told doctoring preceptors that someone else wrote my
H&P because they were of superior performance and "someone may have done it for me." (indicating that I cheated).
Which is not the case; these are my reports. However, as stated, Dr. Estevez was discriminatory and negatively
evaluated me. Hence, these emails provide evidence against her negative evaluation which is not aligned to the
comprehensive doctoring evaluations compiled from Years 20112013 (attached). And faculty emails also serve to
support that there were gaps in their curriculum and teaching which they also indicated.

EBCR
EBCR emails that would be of relevance. EBCR Course director is very inconsistent and attached is the email that
indicates that the exam should have been taken online and at home. As per special assignment situation; you can go
through the emails and see how Dr. Estevez was using repeater students to do HER Faculty work and trying to find
which case they can use. And if the students did not do faculty work; they would fail them. Dr. Roth also raised the
concern regarding the length and course hours for the special assignment. Dr. Ambuj Kumar was cc: in that email, so it is
relevant to the deposition.
Question: Are you deposing Dr. Estevez or any doctoring preceptors?
A-2402
Nausheen
4 attachments
Zainulabeddin Comments.pdf
81K
Zainulabeddin Performance.pdf
224K
EBCR Exam.pdf
109K
Amount of work for Special Assignment.pdf
128K
Hi Stan,
I was not sure if the emails in the attachment you gave me was a mistake or did you intend to send me relevant
documents/emails that were provided to you by the defense counsel for discovery purposes (they are not complete
though)? I presume that maybe the case? I feel uncomfortable going through these emails acknowledging they have
student's private information (FERPA) and these emails have not been modified to preserve the student's privacy?
When I went through them; I did make a conscious effort to only view information relevant to my allegations.
Nausheen
5/15/2017 Gmail - Fwd: HSCNET Password Reset ISSUE=42360 PROJ=97
A-2403 Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com>
Fwd: HSCNET Password Reset ISSUE=42360 PROJ=97
8 messages
Nausheen Zainulabeddin <nzainulabeddin@email.davenport.edu> Thu, Oct 6, 2016 at 7:49 PM
To: nausheenzainulabeddin@gmail.com
Forwarded message
From: USF Health Technical Support <support@health.usf.edu>
Date: Thu, Oct 6, 2016 at 3:29 PM
Subject: HSCNET Password Reset ISSUE=42360 PROJ=97
To: nzainulabeddin@email.davenport.edu
When replying, type your text above this line.
Support Ticket Number: 42360
Status: Closed
Hello Zainulabeddin,
Your current issue has been resolved and the Ticket is now closed. Please Take a moment to read any additional notes that your
technician may have added for you below. If you feel that your issue has not been resolved please respond back to this email within 7
business days to reopen the ticket.
Thank you,
USF Health IS
Notes from Technician
Hello,

Your account was disabled and placed into a 90 hold for deletion OU. This request came from DanielleMarie Schutz and was
approved by Chad Whistle last week.

Thank you
To view or edit this ticket in your browser please click here. Click here to view Ticket in Browser
You may add additional information to this service request by responding to this email.

Click Here to connect with a Support Technician
Hours: Monday Friday 7:30am 5:00pm
Support Line: 8139746288
Nausheen Zainulabeddin <nausheenzainulabeddin@gmail.com> Thu, Oct 6, 2016 at 10:15 PM
To: education@usdoj.gov, "Stanley R. Apps" <stan.apps@gmail.com>
https://mail.google.com/mail/u/0/?ui=2&ik=52eb5fd733&view=pt&q=HEALTH%20ACCOUNT&qs=true&search=query&th=157a098e38491ba5&siml=1579c66d3d… 1/4
A-2404
Case 8:16-cv-00637-JSM-TGW Document 66 Filed 05/19/17 Page 1 of 7 PageID 4234
A-2405
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
NAUSHEEN ZAINULABEDDIN,
Plaintiff,
v. Case No: 8:16-cv-637-T-30TGW
UNIVERSITY OF SOUTH FLORIDA

BOARD OF TRUSTEES,
Defendant.
ORDER
THIS CAUSE comes before the Court upon Defendant's Motion to Tax Costs (Doc.
55) and Plaintiff’s Response in Opposition (Doc. 64). The Court granted summary
judgment in favor of Defendant and dismissed Plaintiff’s case on April 19, 2017. Defendant
now seeks to recover its taxable costs. Upon review, the Court will partially grant
Defendant’s motion.
I. Defendant’s Entitlement to Costs
Courts should award prevailing parties their costs. Fed. R. Civ. P. 54(d)(1).
However, courts may only tax costs authorized by statute. U.S. E.E.O.C. v. W&O, Inc., 213
F.3d 600, 620 (11th Cir. 2000). Courts may tax costs enumerated in 28 U.S.C. § 1920,
including fees for service, witnesses, and transcripts necessarily obtained for use in the
case. 28 U.S.C. § 1920; U.S. E.E.O.C., 213 F.3d at 620. The party seeking an award of
costs must submit a request that enables the court to determine the party’s entitlement to
those costs. See Fodor v. D'Isernia, 599 F. App'x 375, 376 (11th Cir.), cert. denied sub
A-2406
nom. Fodor v. E. Shipbuilding Grp., 136 S. Ct. 146 (2015); Loranger v. Stierheim, 10 F.3d
776, 784 (11th Cir. 1994). A party’s failure to provide sufficient detail or documentation
regarding the costs can be grounds to deny the costs. Pelc v. Nowak, No. 8:11-CV-79-T-
17TGW, 2013 WL 3771233, at *5 (M.D. Fla. July 17, 2013), aff'd, 596 F. App'x 768 (11th
Cir. 2015).
In this case, Defendant seeks to recover $5,802.15 in fees for (1) removal, (2)
service, (3) deposition transcripts, (4) witnesses, and (5) a copy of Plaintiff’s state court
pleadings. Defendant has not demonstrated that it is entitled to the full amount requested.
As discussed further below, the Court will award Defendant $5,382.15 in costs.
i. Removal Fee
A prevailing party can recover “fees of the clerk,” including any filing fees paid. 28
U.S.C. § 1920(1); Wiercioch v. Verizon Florida, LLC, No. 8:11-CV-2129-T-30EAJ, 2013
WL 1442060, at *1 (M.D. Fla. Apr. 9, 2013) (removal fees “unquestionably covered by §
1920”). Defendant requests $400 in costs for the filing fee it paid to remove this action
from state court to federal court. (Doc. 55-1, pgs. 2, 4.) Defendant is entitled to recover the
$400 requested.
ii. Fees for Service of Subpoenas
A prevailing party can recover the costs it incurred using a private process server to
serve subpoenas, but those costs cannot exceed the amount authorized by 28 U.S.C. § 1921.
28 U.S.C. § 1920(1); U.S. E.E.O.C., 213 F.3d at 623-24. Pursuant to that statute and its
implementing regulations, process servers shall be paid $65 per hour, plus travel costs and
any other out-of-pocket expenses. 28 U.S.C. § 1921; 28 C.F.R. § 0.114(a)(3).
2
A-2407
Defendant requests $343 in costs for serving seven subpoenas. (Doc. 55-1, pgs. 2,
5-11.) Defendant utilized private process servers, who charged $49 per subpoena.
Defendant is entitled to recover the $343 requested.
iii. Fees for Deposition Transcripts
A prevailing party can recover costs incurred obtaining deposition transcripts if they
were “necessarily obtained for use in the case.” 28 U.S.C. § 1920(2); U.S. E.E.O.C., 213
F.3d at 620-21. A party’s use of the deposition in a dispositive motion or inclusion of the
deponent in its witness list tends to show that the deposition was necessarily obtained for
use in the case. See id. at 621. However, even when the prevailing party did not ultimately
use the deposition, a court may still award it the cost as long as “no evidence shows that
the deposition was unrelated to an issue in the case at the time it was taken.” Watson v.
Lake Cty., 492 F. App'x 991, 996–97 (11th Cir. 2012).
Deposition costs incurred for the party’s convenience—as opposed to necessity—
are not recoverable. U.S. E.E.O.C., 213 F.3d at 620. Charges for condensed transcripts,
summaries, scanning, and CD litigation packages are typically not recoverable because
they are costs incurred for the party’s convenience. E.g., Wiand v. Wells Fargo Bank, N.A.,
No. 8:12-CV-557-T-27EAJ, 2015 WL 12839237, at *9–11 (M.D. Fla. June 10, 2015),
report and recommendation adopted, No. 8:12-CV-557-T-27EAJ, 2016 WL 355490 (M.D.
Fla. Jan. 29, 2016) (internal citations omitted). In addition, charges for shipping and
handling are not recoverable. Watson, 492 F. App'x 991 at 997.
Defendant requests $4,870.15 for the cost of transcribing nine depositions, which
includes the court reporter’s attendance fee. (Doc. 55-1, pgs. 2, 12-20.) Defendant has
3
A-2408
demonstrated that each deposition was necessarily obtained for use in the case. The Parties
identified each of the deponents as a person with knowledge of the claims or defenses in
this action and/or as a possible witness at trial. In addition, Defendant used many of the
deposition transcripts in presenting its case. For example, Defendant cited to five of the
deposition transcripts in its motion for summary judgment. There is no evidence that any
of the depositions were unrelated to issues in the case at the time they were taken.
The Court will award Defendant costs for the nine depositions, but not the entire
amount requested. The Court will not award Defendant the fees incurred for its
convenience—those for the condensed transcripts and e-CD litigation support packages.
Defendant is entitled to recover $4,470.15 in fees for the depositions as calculated
below:
Transcript Amount Reductions Amount

Requested Awarded
N. Zainulabeddin $1,811.50 n/a $1,811.50
Specter $657 $60 (e-CD, condensed $597

transcript)
Kumar $334.25 $40 (e-CD) $294.25
Y. Zainulabeddin $169.20 $60 (e-CD, condensed $109.20

transcript)
Khawaja $214.70 $60 (e-CD, condensed $154.70
transcript)
A. Zainulabeddin $401.55 n/a $401.55
Stock $618.90 $60 (e-CD, condensed $558.90

transcript)
M. Zainulabeddin $305.15 $60 (e-CD, condensed $245.15
transcript)
4
A-2409
Roth $357.90 $60 (e-CD, condensed $297.90
transcript)
TOTAL $4,870.15 $400 $4,470.15
iv. Fees for Witnesses
A prevailing party can recover the fees it paid witnesses to attend court or
depositions, but those fees cannot exceed the amount authorized by 28 U.S.C. § 1821. 28
U.S.C. § 1920(3); Morrison v. Reichhold Chemicals, Inc., 97 F.3d 460, 463 (11th Cir.
1996) (citing Crawford Fitting Co. v. J. T. Gibbons, Inc., 482 U.S. 437, 439 (1987)).
Pursuant to that statute, witnesses receive a payment of $40 per day and a mileage
allowance. 28 U.S.C. § 1821.
Defendant requests $180 for payments made to four witnesses—$45 per witness.
(Doc. 55-1, pgs. 3, 21-24.) Defendant did not indicate that any part of this fee was a mileage
allowance, nor did it provide information from which the Court can determine the
appropriate mileage allowance. Therefore, the Court will award Defendant only $40 per
witness, for a total of $160.
v. Fees for Copies
A prevailing party can recover costs incurred making photocopies of any documents
“necessarily obtained for use in the case.” 28 U.S.C. § 1920(4). The party need not have
used the copies in presenting its case as long as it “could have reasonably believed that it
was necessary to copy the papers at issue.” U.S. E.E.O.C., 213 F.3d at 623.
5
A-2410
Defendant requests $9 for the cost of copying the pleadings Plaintiff filed in state
court in case # 2016-CA-000669. (Doc. 55-1, pgs. 2, 25-26.) Defendant relied on these
documents to file its Notice of Removal. Accordingly, Defendant is entitled to recover the
$9 requested.
For the foregoing reasons, Defendant is entitled to recover a total of $5,382.15 in
costs.
II. Whether the Court Should Exercise its Discretion to Reduce Defendant’s
Costs Award
Plaintiff does not dispute the amount of taxable costs but instead argues that the
Court should award Defendant no costs for reasons including that she is unable to pay a
large costs award. The Court may, but need not, consider a non-prevailing party’s financial
status in awarding costs. Chapman v. Al Transp., 229 F.3d 1012, 1039 (11th Cir. 2000).
The non-prevailing party must provide “substantial documentation of a true inability to
pay.” Id.
Plaintiff has not provided the Court with sufficient documentation to indicate that
she cannot pay the costs award. Although she attached over 200 pages of exhibits to the
Response, only one page (Doc. 64-1, pg. 4) involves her financial situation. Standing alone,
it does not substantiate Plaintiff’s alleged inability to pay. Furthermore, it appears that
Plaintiff receives approximately $2,900 a month in financial aid, which she uses to pay her
living expenses. (Doc. 45.) It is not clear why she cannot set aside some of these funds to
reimburse Defendant its costs—just as she seemingly did to pay her attorney’s fees.
6
A-2411
The Court must have a “sound basis” for denying Defendant the full amount of costs
it incurred because “denial of costs is in the nature of a penalty for some defection.”
Chapman, 229 F.3d at 1039 (internal citations omitted). The Court has considered the
arguments in the Response but does not see sufficient reason to penalize Defendant in this
manner.
It is therefore ORDERED AND ADJUDGED that:
1. Defendant’s Motion to Tax Costs (Doc. 55) is granted in part and denied in
part as explained herein.
2. Defendant is entitled to $5,382.15 in costs.
3. The Clerk of Court is directed to enter a Bill of Costs in the amount of
$5,382.15 in favor of Defendant and against Plaintiff.
DONE and ORDERED in Tampa, Florida, on May 19th, 2017.
Copies furnished to:

Counsel/Parties of Record
7
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U.S. COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
CERTIFICATE OF SERVICE
vs. USF BOT Appeal No.
17-12134, 17-11888, 17-12376
FRAP 25(b) through (d) (see reverse) requires that at or before the time of filing a paper,
a party must serve a copy on the other parties to the appeal or review. In addition, the
person who made service must certify that the other parties have been served, indicating
the date and manner of service, the names of the persons served, and their addresses.
You may use this form to fulfill this requirement. Please type or print legibly.
I hereby certify that on (date) August 30, 2017 ,

APPELLANT APPENDICES OF VOLUMES I TO XI
a true and correct copy of the foregoing (title of filing) ,
with first class postage prepaid, has been (check one)
G deposited in the U.S. Mail G deposited in the prison’s

internal mailing system
and properly addressed to the persons whose names and addresses are listed below:
filed with the clerk of the USCA 11th circuit

and served a paper copy to attorneys on record
Ms. Lori Mans and Mr. John Dickinson
200 West Forsyth Street
Suite 1700 Jacksonville, FL 32202-4317
Your Name (please print) Your Signature
Please complete and attach this form to the original document and to any copies you are
filing with the court, and to all copies you are serving on other parties to the appeal.
ix

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Appendix Volume 12

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IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

APPEAL NO. 17-11888

UNIVERSITY OF SOUTH FLORIDA, BOARD OF TRUSTEES

APPEAL FROM THE UNITED STATES DISTRICT COURT

VOL. Tab Date Title Page

I 2-2 1/22/16 Dkt. 2 Exhibit B 65-167

XI 64-1 05/17/17 Dkt. 64 Exhibit A to E 2199

Zainulabeddin v. University of South Florida Board of Trustees

Florida Middle District Court

Docket Parties (2) Related Cases (4) News

John Sikes Gibbs

J. Ray Poole, Jr.

0:17-prici-11888 - Nausheen Zainulabeddin v. University of South Florida Bo 04/27/2017

0:17-prici-12134 - Nausheen Zainulabeddin v. University of South Florida Bo 05/11/2017

0:17-prici-12376 - Nausheen Zainulabeddin v. University of South Florida Bo 05/24/2017

0:17-cvpri-02083 - Zainulabeddin v. USF Board of Trustees 05/25/2017

Navigation Edit Alert

Docket last updated: 09/01/2017 11:59 PM EDT Update Now

Friday, July 28, 2017

82 appeal USCA Mandate Fri 12:08 PM

81 appeal USCA order Fri 12:07 PM

Tuesday, June 20, 2017

80 3 pgs appeal USCA order Tue 11:57 AM

Thursday, June 08, 2017

Att: 1 Mailing Envelope

Monday, June 05, 2017

78 4 pgs notice Notice (Other) Tue 3:49 PM

77 2 pgs order Order on motion to supplement Mon 9:12 AM

Wednesday, May 31, 2017

Tuesday, May 30, 2017

75 5 pgs respm Response in Opposition to Motion Tue 5:01 PM

appeal Transmittal to USCA Tue 10:21 AM

Wednesday, May 24, 2017

appeal Transmittal to USCA Wed 2:47 PM

Tuesday, May 23, 2017

74 4 pgs notice Notice (Other) Wed 3:23 PM

DIRECTIONS TO THE CLERK by Nausheen Zainulabeddin. (BSN)

Monday, May 22, 2017

71 2 pgs appeal Notice of appeal Wed 3:09 PM

70 2 pgs appeal Notice of appeal Wed 3:07 PM

Att: 1 2 pgs Petition for Review

69 16 pgs notice Notice (Other) Wed 3:03 PM

Directions to the Clerk, by Nausheen Zainulabeddin (KMM)

67 1 pgs misc Bill of costs Mon 8:30 AM

Friday, May 19, 2017

Wednesday, May 17, 2017

64 14 pgs respm Response in Opposition to Motion Thu 10:03 AM

Att: 1 19 pgs Exhibit A-E,

Att: 2 99 pgs Exhibit F,

Att: 3 45 pgs Exhibit G,

Att: 4 55 pgs Exhibit H,

Att: 6 3 pgs Exhibit,

Tuesday, May 16, 2017

63 19 pgs motion Supplement Tue 3:55 PM

Att: 1 38 pgs Exhibit A,

Att: 3 102 pgs Exhibit 2,

Att: 5 161 pgs Exhibit 4,

Att: 6 126 pgs Exhibit 5,

Att: 8 100 pgs Exhibit 7,

Att: 10 141 pgs Exhibit 9,

Att: 11 91 pgs Exhibit 10,

Att: 13 139 pgs Exhibit 12

Wednesday, May 10, 2017