Tag:Taxable Costs

Key Insight: Finding the reasoning of the Third Circuit in Race Tires America Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012) persuasive, the court in this case found only a portion of Defendant?s claimed costs were recoverable: court allowed recovery for the imaging of hard copy files and for uploading hard copy materials into a database for electronic production and also acknowledged that the conversion of documents into TIFF images was recoverable, but declined to allow recovery for ?logical document determination? (?organizing documents to avoid single page production?), ?project management and technical services,? most ?ingestion services,? and ?professional services? such as establishing protocols for processing and quality control measures to ensure those protocols were met

Electronic Data Involved: Taxable costs related to ediscovery

Key Insight: Acknowledging that the Eight Circuit has not yet addressed how section 1920(4) relates to electronically stored information, the court noted the persuasive reasoning in Race Tires America, Inc. v. Hoosier Racing Tire Corp., 674 F.3d 158 (3d Cir. 2012) which held that ?scanning documents and converting computer data into readable format constitute copying within the meaning of section 1920(4)? and found the amounts sought by Plaintiff to be reasonable

Electronic Data Involved: Taxable electronic discovery costs

Key Insight: Where defendant sought ?the cost of file conversion, Bates labeling, and storing electronic documents produced during litigation,? the clerk taxed only the ?cost of TIFF conversion . . . and the costs of making copies of original dvd?s and the original CD?

Nature of Case: Patent infringement

Electronic Data Involved: ESI Taxable costs

Key Insight: Addressing taxable costs, court allowed recovery of costs related to conversion of documents to TIFF file format which the parties agreed would be the format of production but declined to allow costs for hosting electronic documents

Electronic Data Involved: ESI/ taxable costs

Key Insight: Noting that ?courts have allowed parties to recover the costs of converting paper documents into electronic files where responsive discovery documents were produced in electronic format,? the court found that defendants could recover $68,829.60 and $24,102.39 respectively ?for creating electronic images of documents responsive to Relator?s discovery requests?

Nature of Case: False Claims Act

Electronic Data Involved: Taxable costs for ediscovery

Key Insight: District Court approved recovery of costs related to ?OCR Capture?

Nature of Case: Taxable costs

Electronic Data Involved: OCR

Key Insight: Plaintiff objected to Defendant?s bill of costs, including significant costs related to electronic discovery. Citing the recent decision of the Third Circuit in Race Tires America., Inc. v. Hoosier Racing Tire, Corp., the court reduced Defendant?s request for e-discovery costs from $447,694.63 to $2,721.53.

Nature of Case: Patent infringement

Electronic Data Involved: Taxable costs related to ediscovery

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

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

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