Bumpers v. Austal, U.S.A. LLC, No. 08-00155-KD-N, 2015 WL 6870122 (S.D. Ala. Nov. 6, 2015)

Key Insight: Where Defendant sought to recover for emails and other ESI compiled by Plaintiff?s expert as ?copying costs? (specifically, Defendant sought ?recovery to produce emails as part of discovery and to obtain already compiled electronic data to support its Daubert motion to exclude Dr. Bradley?s testimony, characterizing them as ?digital copies? necessarily obtained for use in the case?), court reasoned that the costs did not ?relate to a deposition transcript or a true ?digital copy,?? that ?creating an electronic database/compilation or enhanced digital files ?goes well beyond the statutory intent? for taxable digital copies,? and that Defendant had not explained how the data was ?necessarily obtained for use in the case rather than the convenience of counsel? and denied the request

Electronic Data Involved: Taxable costs