David Lillie v. Mantech Int l Corp.
2:17-cv-02538
C.D. Cal.May 8, 2020Background
- After a jury trial, the court granted judgment as a matter of law for defendant ManTech on July 26, 2019.
- ManTech, as the prevailing party, sought $21,315.31 in taxable costs; the clerk awarded $14,356.59 and denied $6,958.72 in requested court-transcript costs.
- Plaintiff Lillie filed a motion to retax costs within seven days of the clerk's decision, asking for an additional 50% reduction of ManTech’s awarded costs as a penalty for allegedly overreaching by requesting the stricken transcript expenses.
- ManTech opposed, arguing Lillie’s motion was untimely and that requesting the transcript costs was not made in bad faith.
- The court found Lillie’s motion timely but declined to further reduce ManTech’s costs, concluding the transcript request was defensible and not sanctionable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness of Lillie's motion to retax costs | Motion untimely only if not filed within 7 days of clerk order; Lillie filed within 7 days | Clerk's Local Rule limits review to the record before the clerk but does not require prior objection to preserve motion | Motion was timely (filed within 7 days); court considered it |
| Whether ManTech should receive an additional 50% reduction as penalty for requesting disallowed transcript costs | ManTech "overreached" by requesting transcript costs it "knew or should have known" were not taxable; seeks penalty reduction comparable to past sanctions | Request was not made in bad faith; taxing such transcripts can be defensible in complex cases even without prior approval | Denied. Transcript request was defensible (no bad faith); no penalty warranted |
Key Cases Cited
- Crawford Fitting Co. v. J.T. Gibbons, 482 U.S. 437 (rule that taxable costs are limited to categories in 28 U.S.C. § 1920)
- Alflex Corp. v. Underwriters Labs., Inc., 914 F.2d 175 (district court has discretion under Rule 54(d))
- Dowd v. City of Los Angeles, 28 F. Supp. 3d 1019 (transcripts may be taxable without prior approval in complex cases)
- Manildra Milling Corp. v. Ogilvie Mills, Inc., 76 F.3d 1178 (supporting taxation of transcripts when necessary)
- Nochowitz v. Ernst & Young, 864 F. Supp. 59 (reducing costs as penalty for bad-faith overreach)
- Jansen v. Packaging Corp. of Am., 898 F. Supp. 625 (applying additional reduction for misconduct in cost requests)