755 F. Supp. 2d 118
D.D.C.2010Background
- Sykes sued Napolitano; district court granted summary judgment against Sykes on May 11, 2010.
- Clerk taxed costs to Sykes totaling $5,523.70 for nine deposition transcripts.
- Sykes moved to review the Clerk's taxation of costs under Rule 54(d) and LCvR 54.1.
- Court recognizes a strong presumption in favor of awarding costs to the prevailing party.
- Depositions were relied upon in summary judgment briefing and were reasonably necessary.
- Court grants the motion to review taxation in part (for review of the Clerk's award) and denies vacating the Clerk's Bill of Costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the costs award is reviewable. | Sykes argues Clerk's costs should be vacated. | Napolitano contends costs should stand under rules. | Motion to review costs is granted in part; upheld in part as to the Clerk's award. |
| Whether the nine depositions were 'necessarily obtained for use in the case'. | Depositions were not necessary; used merely as convenient materials. | Depositions cited in summary judgment brief; reasonably necessary at time taken. | Depositions were necessarily obtained; properly taxed. |
| Whether the good faith of plaintiff affects cost shifting. | Sykes acted in good faith; should reduce costs. | Good faith is not a basis to deny costs; prevailing party conduct governs. | Good faith does not overcome presumption in favor of costs; no denial based on good faith. |
| Whether the Clerk's Bill of Costs should be vacated. | Clerk's award should be vacated due to improper costs. | Costs were properly awarded; no basis to vacate. | Motion to vacate denied; Clerk's taxation upheld. |
Key Cases Cited
- Sun Ship, Inc. v. Lehman, 655 F.2d 1311 (D.C.Cir. 1981) (presumption in favor of costs; whether transcripts are 'necessarily obtained')
- Baez v. United States Dep't of Justice, 684 F.2d 999 (D.C.Cir. 1982) (presumption in favor of costs; bad faith not required for denial)
- Long v. Howard Univ., 561 F. Supp. 2d 85 (D.D.C. 2008) (burden on losing party to overcome costs presumption)
- Johnson v. Holway, 522 F. Supp. 2d 12 (D.D.C. 2007) (Local Rule 54.1(d)(6) permits taxation of transcripts relied upon in briefs)
- Oetiker v. Jurid Werke, GmbH, 104 F.R.D. 389 (D.D.C. 1982) (expenses of discovery depositions reasonably necessary recoverable)
- Neumann v. Reinforced Earth Co., 109 F.R.D. 698 (D.D.C. 1986) (depositions used to prepare for discovery may be taxable)
- Delta Air Lines, Inc. v. August, 450 U.S. 346 (1981) (costs are a normal incident of defeat; liability to pay costs)