Tag:Taxable Costs

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Allen v. City of Chicago, No. 10 C 3183, 2016 WL 1070828 (N.D. Ill. Mar. 16, 2016)
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Spear Mktg., Inc. v. Bancorpsouth Bank, No. 3:12-CV-3583-B, 2016 WL 193586 (N.D. Tex. Jan. 14, 2016)
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Exclaim Mktg., LLC v. DIRECTV, Inc., No. 5:11-cv-684-FL, 2016 WL 1258776 (E.D. N.C. Mar. 28, 2016)
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Prometheus Labs. Inc. v. Roxane Labs. Inc., Nos. 11-230 (KM), 11-1241 (KM), 2016 WL 1559144 (D.N.J. Apr. 18, 2016)
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Broadspring, Inc. v. Congoo, LLC, No. 13-cv-1866(RJS), 2016 WL 817449 (S.D.N.Y. Feb. 24, 2016)
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RG Steel Sparrows Point LLC v. Kinder Morgan Bulk Terminals Inc., No. WMN-09-1668, 2016 WL 1377405 (D. Md. Apr. 7, 2016)
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Camesi v. Univ. of Pittsburgh Med. Ctr., —Fed. Appx.—, 2016 WL 7402982 (3d Cir. Mar. 21, 2016)
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Deere & Co. v. Duroc LLC, 650 Fed. Appx. 779 (Fed. Cir. 2016)
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In re Subpoena Am. Nurses Assoc., Nos. 15-1481, 15-1803, 2016 WL 1381352 (4th Cir. Apr. 7, 2016)
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Javeler Marine Servs. LLC v. Cross, 175 F.Supp.3d 756 (S.D. Tex. 2016)

Allen v. City of Chicago, No. 10 C 3183, 2016 WL 1070828 (N.D. Ill. Mar. 16, 2016)

Key Insight: Addressing Defendant?s request for $16,200.00 in costs charged by third party vendor who assisted in email production, including $16,000 for ?Digital Tech Time per GB: Tiff Conversion, OCR, Endorse & Export for Searchable PDF,? court concluded that converting files to TIFF or PDF was the equivalent of ?making copies? and was recoverable but that costs for making a document searchable are not recoverable; where Defendant failed to provide an adequate breakdown of the costs for each service provided, court reduced the requested recovery and awarded $4,000 for the ?Tiff conversion portion of the invoice? and also awarded $200 for the cost of two hard drives utilized for the email production

Electronic Data Involved: Taxable costs ( 28 U.S.C. ? 1920(4))

Exclaim Mktg., LLC v. DIRECTV, Inc., No. 5:11-cv-684-FL, 2016 WL 1258776 (E.D. N.C. Mar. 28, 2016)

Key Insight: Court disallowed costs for ? ?iConnect Licensing Fees,? data hosting, ?OCR,? and near-line hosting? ?arising out of the storage and analysis of electronically stored information? as well as ?outside labor charges? described as ?tech time?

Nature of Case: Taxable costs

 

Prometheus Labs. Inc. v. Roxane Labs. Inc., Nos. 11-230 (KM), 11-1241 (KM), 2016 WL 1559144 (D.N.J. Apr. 18, 2016)

Key Insight: Citing Race Tires Am., Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012), the court declined to tax costs for all ESI costs where relevant invoices ?did not clearly show any services performed to create a readable format,? where OCR charges are not taxable, where there were no entries in the relevant invoices for ?scanning hard copy documents or converting native files to TIFF format? (both taxable costs) and where it was not clear from the invoices that the services were conducted for Plaintiff?s benefit, rather than Defendant?s; court rejected argument that OCR should be taxed because of the parties? agreement

Electronic Data Involved: Taxable costs

RG Steel Sparrows Point LLC v. Kinder Morgan Bulk Terminals Inc., No. WMN-09-1668, 2016 WL 1377405 (D. Md. Apr. 7, 2016)

Key Insight: Court rejected reasoning that ESI-related costs were recoverable because ?the parties in this case agreed ? to the form of production for ESI? and found that ?the parties? stipulation regarding the production of ESI cannot make ESI-related costs ?necessary? ? unless the costs are copying costs? which the court was unable to discern from Plaintiff?s submission and thus the court declined to tax the ESI-related costs requested; court?s analysis noted 4th Circuit precedent indicating that ?making copies for purposes of cost recovery ? is expressly limited to the cost of converting native files to non-editable formats and copying those files onto discs.?

Electronic Data Involved: Taxable costs

Camesi v. Univ. of Pittsburgh Med. Ctr., —Fed. Appx.—, 2016 WL 7402982 (3d Cir. Mar. 21, 2016)

Key Insight: Court indicated that it was “not readily apparent what ESI activities the charges at issue cover[ed], or how th[ose] activities constitute[d] either of the two applicable types of taxable costs identified in Race Tires Amer., Inc. v. Hoosier Racing Tire, Corp., 674 F.3d 158 (3d Cir. 2012) and, following an extensive discussion of the reasoning and findings in Race Tire, indicated that ?the highly technical nature of the services simply does not exempt parties who seek to recover their electronic discovery costs under ?1920(4) from showing that the costs fall within the subsection?s limited allowance for ?the cost of making copies of any materials?? and vacated and remanded the case, suggesting that the court consider an evidentiary hearing or taking additional evidence to make its decision

Nature of Case: Fair Labor Standards Act

Electronic Data Involved: Taxable Costs

Deere & Co. v. Duroc LLC, 650 Fed. Appx. 779 (Fed. Cir. 2016)

Key Insight: Where parties entered into an agreement that set forth parameters for production of ESI, District Court held that ?when the costs of complying with the agreement are within the obligations of the Agreement and reasonably incurred in complying with the Agreement, they are recoverable? and circuit court, on appeal, concluded that District Court acted within its discretion: ?The district court held that the e-discovery costs incurred in procedures required by the ESI Agreement are within the scope of ? 1920. Relying on the Agreement, the district court did not separate the activities required by the e-discovery Agreement. We conclude that the district acted within its discretion.?

Nature of Case: Patent infringement

Electronic Data Involved: Taxable Costs ( 28 U.S.C. ? 1920)

In re Subpoena Am. Nurses Assoc., Nos. 15-1481, 15-1803, 2016 WL 1381352 (4th Cir. Apr. 7, 2016)

Key Insight: Circuit Court affirmed District Court?s order shifting a third party?s attorney?s fees ?that [were] necessary to a discovery proceeding under Rule 45,? but declined to shift attorney?s fees incurred in furtherance of the motion to shift expenses where such fees were not ?not necessary to [the third party?s] compliance with the discovery order as they were incurred after discovery was completed and as a result of [the third party?s] effort to recover fees, rather than in an effort to produce discoverable material?; Circuit Court also affirmed order shifting expenses for e-Discovery services where the Magistrate Judge found that ?(1) ANA advised Appellants that producing the requested discovery would entail significant expense; (2) Appellants were dilatory in communicating with ANA after the district court ordered discovery; and (3) Appellants changed the scope of the requested discovery, increasing BIA?s charges.?

Nature of Case: Third party subpoena/ cost shifting / taxable costs

Electronic Data Involved: ESI

Javeler Marine Servs. LLC v. Cross, 175 F.Supp.3d 756 (S.D. Tex. 2016)

Key Insight: Addressing taxable costs, court concluded ?generally? that ?creating forensic images of Defendants? devices and conversion of the relevant imaged copies to TIFF format are within the rubric of ?making copies of any materials? under ? 1920(4) in this case, but are taxable costs only upon a showing they were ?necessarily obtained for use in the case.?? Court also held that the statute ?does not authorize taxation of expenses attributable to keyword searches.? Ultimately, the court concluded that in the present case the ?factual record? was ?insufficient? to determine the recoverable amount and ordered the submission of a revised, and more detailed, bill of costs.

Nature of Case: Claims based on alleged misappropriation of confidential information

Electronic Data Involved: Taxable Costs

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