Balance Point Divorce Funding, LLC v. Scrantom

305 F.R.D. 67, 2015 U.S. Dist. LEXIS 27814, 2015 WL 997718
CourtDistrict Court, S.D. New York
DecidedMarch 6, 2015
DocketNo. 13-cv-1049 (PKC)
StatusPublished
Cited by17 cases

This text of 305 F.R.D. 67 (Balance Point Divorce Funding, LLC v. Scrantom) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Balance Point Divorce Funding, LLC v. Scrantom, 305 F.R.D. 67, 2015 U.S. Dist. LEXIS 27814, 2015 WL 997718 (S.D.N.Y. 2015).

Opinion

MEMORANDUM AND ORDER

CASTEL, District Judge.

Defendants Jurídica Capital Management Limited, Jurídica Capital Management (US) Inc., and Jurídica Investments Limited (collectively, “Jurídica”) are the prevailing parties in this action and are entitled to the taxation of costs in their favor. Rule 54(d), Fed.R.Civ.P. The costs to which a prevailing party is entitled are limited to those costs enumerated in 28 U.S.C. § 1920. Jurídica has moved for judicial review of the Clerk’s denial of the costs of electronic discovery and deposition transcripts. The taxation of costs associated with electronic discovery has not been addressed at length in reported decisions of courts within this Circuit.

For reasons explained, the motion is granted to the extent that the Court concludes that costs of the conversion of native files into digital images, in this case TIFF format, of documents actually produced to a requesting party and certain costs associated with uploading and transferring those documents, in this case to FTP, are taxable as “the costs of making copies of any materials where the copies are necessarily obtained for use in the case.” 28 U.S.C. § 1920(4). Other costs associated with the electronic discovery process are disallowed. Thus, the Clerk is ordered to tax $493.97 in costs in favor of Jurídica in addition to the $690.00 previously awarded to Jurídica for costs for fees of the Clerk and fees for service of summons and subpoena. The Court otherwise denies Juridica’s application.

BACKGROUND

Plaintiff Balance Point Divorce Funding, LLC (“Balance Point”) brought this action against defendants Jurídica and Timothy D. Scrantom, asserting claims of tortious interference with contract, tortious interference with business relations, and misappropriation of trade secrets. Jurídica and Scrantom filed motions to dismiss pursuant to Rule 12(b)(6), Fed.R.Civ.P., and the Court dismissed plaintiffs tortious interference with contract claim. Balance Point Divorce Funding, LLC v. Scrantom, 978 F.Supp.2d 341 (S.D.N.Y.2013). The parties conducted discovery as to the remaining claims and by letter dated September 19, 2014, plaintiff informed the Court of its intention to voluntarily dismiss the action with prejudice. Pursuant to Rule 41(a)(2), Fed.R.Civ.P., the Court entered an Order of voluntary dismissal of the action against all defendants with prejudice and directed the Clerk to tax costs in favor of the defendants. (Docket # 120.)

On October 21, 2014, Jurídica submitted a Bill of Costs in the amount of $50,913.74. The Clerk awarded Jurídica $690.00 in costs for fees of the Clerk and fees for service of summons and subpoena. (Docket # 124.) [70]*70The Clerk declined to award $43,140.95 in costs associated with electronic discovery, which Jurídica categorized as “[f]ees for exemplification and copies of papers necessarily obtained for use in the ease.” (Id.) The Clerk also declined to award $7,082.79 in costs for copies of deposition transcripts. (Id.) Jurídica categorized the deposition transcript costs as “[flees of the court reporter for all or any part of the transcript necessarily obtained for use in the case.” (Id.) Jurídi-ca requests that the Court review the Clerk’s denial of costs and award Jurídica costs in the amount of $50,913.74.

DISCUSSION

I. Legal Standard

Federal Rule of Civil Procedure 54(d)(1) states “[u]nless a federal statute, these rules, or a court order provides otherwise, costs—other than attorney’s fees— should be allowed to the prevailing party.” Under Rule 54(d)(1) the “[C]lerk may tax costs on 14 days’ notice” and the district court, on timely motion made, may review the action of the Clerk. “Where an unsuccessful litigant appeals the Clerk of the Court’s award of costs, the district court reviews the award de novo.” Karmel v. City of New York, No. 00-CV-9063 (KMK), 2008 WL 216929, at *1 (S.D.N.Y. Jan. 9, 2008) (citing Whitfield v. Scully, 241 F.3d 264, 269 (2d Cir.2001) (“A district court reviews the clerk’s taxation of costs by exercising its own discretion to decide the cost question itself’) (internal quotation marks and citations omitted)). Although the decision whether to award costs is within the district court’s discretion, “federal courts have no authority to award costs in excess of statutory limits.” Carmody v. City of New York, No. 05 Civ. 8084(HB), 2008 WL 3925196, at *1 (Aug. 26, 2008) (citing Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 445, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987)).

Interpreting Rule 54(d)(1), “the Supreme Court has held that the term ‘costs’ includes only the specific items enumerated in 28 U.S.C. § 1920 (1994).” Whitfield, 241 F.3d at 269 (citations omitted). 28 U.S.C. § 1920 contains six categories of taxable costs: (1) fees of the clerk and marshal; (2) fees for printed or electronically recorded transcripts necessarily obtained for use in the case; (3) fees and disbursements for printing and witnesses; (4) fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case; (5) docket fees under 28 U.S.C. § 1923; and (6) compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation services under 28 U.S.C. § 1828. Thus, “the discretion granted by Rule 54(d) ... is solely the power to decline to tax, as costs, the items enumerated in § 1920.” Taniguchi v. Kan Pac. Saipan, Ltd., — U.S.-, 132 S.Ct. 1997, 2006, 182 L.Ed.2d 903 (2012) (internal quotation marks and citations omitted).

“Local Civil Rule 54.1 further outlines those costs which are taxable in the Southern District of New York.” Karmel, No. 00-CV-9063 (KMK), 2008 WL 216929, at *1 (S.D.N.Y. Jan. 9, 2008). Several judges of this Court have read Local Civil Rule 54.1 as merely imposing supplemental constraints on Courts when awarding costs specifically discussed therein. See In re Omeprazole Patent Litig., Nos. M-21-81 (BSJ), 00 Civ. 6749(BSJ), 03 Civ. 6057(BSJ), MDL Docket No. 1291, 2012 WL 5427849, at *2-3 (S.D.N.Y. Nov. 7, 2012); Universal City Studios, Inc. v. Nintendo Co., Ltd., No. 82 Ci. 4259(RWS), 1986 WL 11462, at *2 (S.D.N.Y. Oct. 6, 1986) (construing the Southern District of New York’s former Local Rule 11(e)(5) which governed taxation of costs for “Exemplification and Copies of Papers”). But see Carmody v. City of New York, No. 05 Civ. 8084(HB), 2008 WL 3925196, at *1 (S.D.N.Y. Aug. 26, 2008) (limiting the costs taxable in this district to those which the Local Civil Rule addresses).

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305 F.R.D. 67, 2015 U.S. Dist. LEXIS 27814, 2015 WL 997718, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balance-point-divorce-funding-llc-v-scrantom-nysd-2015.