Tag:Taxable Costs

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United States v. Walker, No. 3:06-CV-16 (CDL), 2012 WL 1672992 (M.D. Ga. May 14, 2012)
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Oracle Am. v. Google, Inc., No. C 10-03561 WHA, 2012 WL 3822129 (N.D. Cal. Sept. 4, 2012)
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El Camino Resources, Ltd. v. Huntington Nat?l Bank, No. 1:07-cv-598, 2012 WL 4808741 (W.D. Mich. May 3, 2012)
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Eolas Techs., Inc. v. Abode Sys., Inc., — F. Supp. 2d —, 2012 WL 4092568 (E.D. Tex. July 19, 2012)
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Johnson v. Allstate Inc. Co., No. 07-cv-0781-SCW, 2012 WL 4936598 (S.D. Ill. Oct. 16, 2012)
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Silicon Knights, Inc. v. Epic Games, Inc., No. 5:07-CV-275-D, 2012 WL 6809721 (E.D.N.C. Nov. 7, 2012)
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Abbot Point of Care, Inc. v. Epocal, Inc., No. CV-08-S-543-NE, 2012 WL 7810970 (N.D. Ala. Nov. 5, 2012)
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Pacificorp v. N.W. Pipeline GP, No. 3:10-cv-00099-PK, 2012 WL 6131558 (D. Or. Dec. 10, 2012)
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Country Vintner of North Carolina, LLC v. E&J Gallo Winery, Inc., No. 5:09-CV-326-BR, 2012 WL 3202677 (E.D.N.C. Aug. 3, 2012)
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Kruse Tech. P?ship v. Daimler AG, No. SACV 10-1066 JVS (RNBx), 2012 WL 12888668 (C.D. Cal. Oct. 22, 2012)

United States v. Walker, No. 3:06-CV-16 (CDL), 2012 WL 1672992 (M.D. Ga. May 14, 2012)

Key Insight: Addressing recovery of costs, court indicated applicability of 28 U.S.C. ? 1919 ?which allows recovery of ?just costs??because the case had been dismissed for lack of subject matter jurisdiction, but noted that 28 U.S.C. ? 1920 could provide assistance in determining what costs are ?just? and approved costs for copying, including through scanning and Optical Character Recognition, but declined to approve costs related to ?processing? the documents so that defendants? counsel could review them in electronic form

Nature of Case: False Claims Act

Electronic Data Involved: Costs related to Electronic Discovery

Oracle Am. v. Google, Inc., No. C 10-03561 WHA, 2012 WL 3822129 (N.D. Cal. Sept. 4, 2012)

Key Insight: Court denied motion for electronic discovery costs pursuant to Fed. R. Civ. P. 54(d) and 28 USC 1920 where Defendant?s bill of costs included many line item descriptions for ?intellectual effort? such as ?analyzing the discovery documents,? preparing for and participating in a ?kickoff call? and other communications with co-workers and vendors

Nature of Case: Patent and Copyright infringement

Electronic Data Involved: Taxable costs related to electronic discovery

El Camino Resources, Ltd. v. Huntington Nat?l Bank, No. 1:07-cv-598, 2012 WL 4808741 (W.D. Mich. May 3, 2012)

Key Insight: Magistrate Judge recommended the adoption of the approach of the Third Circuit in Race Tires Am. Inc. v. Hoosier Racing Tire Corp., which limits the recoverable costs related to electronic discovery pursuant to 28 U.S.C. ? 1920 and thus granted in part plaintiffs? motion to disallow costs

Nature of Case: Business tort claims

Electronic Data Involved: Taxable costs related to production of ESI

Eolas Techs., Inc. v. Abode Sys., Inc., — F. Supp. 2d —, 2012 WL 4092568 (E.D. Tex. July 19, 2012)

Key Insight: Addressing taxable costs, court approved recovery of costs for scanning but, citing the Third Circuit decision in Race Tires Am. Inc. v. Hoosier Racing Corp., held that ?document collection, processing, and hosting? were not ?recoverable costs? and also held that, where the parties agreed that TIFF images were an acceptable form of production, but not required, the conversion was not ?necessarily obtained for use in the case? and thus related costs were not taxable under ? 1920; court indicated in footnote that had TIFF been the only agreed upon format of production, the outcome may have been different

Electronic Data Involved: ESI

Johnson v. Allstate Inc. Co., No. 07-cv-0781-SCW, 2012 WL 4936598 (S.D. Ill. Oct. 16, 2012)

Key Insight: Court addressed question of taxable costs and relied heavily on Hecker v. Deere & Co., 556 F.3d 575 (7th Cir. 2009) and Race Tires Am. Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012) and allowed recover as to rendering ESI word searchable, the creation of TIFF images, the creation of hard copies, photocopying, the creation of graphics for use at the hearing, and fees for obtaining transcripts but denied recovery as to the creation of a litigation database, processing of ESI, extraction of metadata, deduplication, electronic data hosting, and ?preparing ESI for production?

Nature of Case: Violations of Consumer Fraud and Deceptive Business Practices Act

Electronic Data Involved: ESI

Silicon Knights, Inc. v. Epic Games, Inc., No. 5:07-CV-275-D, 2012 WL 6809721 (E.D.N.C. Nov. 7, 2012)

Key Insight: Court granted motion to award costs for imaging electronic information for document production where the court found that ?those costs fall within ?the cost of making copies of any materials? and were ?necessarily obtained for use in the case?? pursuant to 28 U.S.C. ? 1920(4) but declined to award costs incurred to purchase hard drives for document production where the court reasoned that the drives were reusable and ?properly considered overhead.?

Nature of Case: Copyright infringement, trade secret misappropriation and related claims

Electronic Data Involved: Taxable cost related to production of ESI

Abbot Point of Care, Inc. v. Epocal, Inc., No. CV-08-S-543-NE, 2012 WL 7810970 (N.D. Ala. Nov. 5, 2012)

Key Insight: Court declined to allow recovery of costs related to maintenance of an electronic discovery database but allowed recovery of costs related to ?processing of electronic documents, including conversion of native files to ?TIFF? format for production to Abbott; conversion of document[s] from ?TIFF? format to a searchable format; importing and loading of documents to an electronic database; production of electronic documents; and the associated project and technical support?

Electronic Data Involved: ESI taxable costs

Pacificorp v. N.W. Pipeline GP, No. 3:10-cv-00099-PK, 2012 WL 6131558 (D. Or. Dec. 10, 2012)

Key Insight: Addressing issue of taxable costs related to electronic discovery, court allowed recovery of costs related to ?converting already selected files into a database,? bates stamping, conversion to searchable PDF, and storage of electronic data but denied recovery as to collecting documents and culling them for responsiveness

Electronic Data Involved: Taxable costs related to ESI

Country Vintner of North Carolina, LLC v. E&J Gallo Winery, Inc., No. 5:09-CV-326-BR, 2012 WL 3202677 (E.D.N.C. Aug. 3, 2012)

Key Insight: Addressing Defendant?s efforts to recover costs related to ?technical, specialized services that were needed in order to ?collect, process, preserve, track, copy to digital format, and ultimately produce? the large amount of electronically stored information (?ESI?) that was utilized in the discovery process in this case,? the court adopted the Third Circuit?s reasoning in Race Tires America, Inc. v. Hoosier Racing Tire Corp and thus determined that ?a prevailing party may recover costs associated with copying or duplicating its files, but it may not receive reimbursement for any other ESI-related expenses?; in the present case the court found that ?the only tasks that involve copying are the conversion of native files to TIFF and PDF formats and the transfer of files onto CDs?

Nature of Case: Unfair and deceptive trade practices

Electronic Data Involved: ESI taxable costs

Kruse Tech. P?ship v. Daimler AG, No. SACV 10-1066 JVS (RNBx), 2012 WL 12888668 (C.D. Cal. Oct. 22, 2012)

Key Insight: Defendant moved to re-tax $202K of costs for exemplification and reproduction that were denied by the clerk. The court found that costs of copies provided to Defendant?s witnesses were not necessary or taxable because they were not requested by or tendered to the opposing party, as discussed in In re Ricoh Co., Ltd. Patent Litig., 661 F.3d 1361, 1368 (Fed. Cir. 2011). The court allowed $12.013.68 in XDD?s costs for converting documents to TIFF, performing OCR (required by court order) and producing the documents to Plaintiff. Defendant argued costs from third-party vendor IAV for storage of responsive documents and processes to allow digital searching of Defendant?s databases should have been allowed by the clerk. Plaintiff argued these were costs for collection and review of documents, rather than for copying. Plaintiff also argued the OCR fees were duplicative and that Defendant?s invoices did not provide sufficient detail to support taxation. The court found these costs were not taxable (searching and organizing rather than copying, as well as duplicative) and properly denied by the clerk.

Nature of Case: Taxable Costs

Electronic Data Involved: ESI

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