Blevins v. Heilig-Meyers Corp.

184 F.R.D. 663, 44 Fed. R. Serv. 3d 30, 1999 U.S. Dist. LEXIS 3111, 1999 WL 149822
CourtDistrict Court, M.D. Alabama
DecidedMarch 16, 1999
DocketNo. Civ.A. 98-T-241-S
StatusPublished
Cited by10 cases

This text of 184 F.R.D. 663 (Blevins v. Heilig-Meyers Corp.) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Blevins v. Heilig-Meyers Corp., 184 F.R.D. 663, 44 Fed. R. Serv. 3d 30, 1999 U.S. Dist. LEXIS 3111, 1999 WL 149822 (M.D. Ala. 1999).

Opinion

ORDER

MYRON H. THOMPSON, District Judge.

This lawsuit is now before the court on the objections to the bills of costs and motion to stay execution pending appeal, filed by plaintiffs Annette Marie Blevins and Frances Elizabeth Amerspek on January 28, 1999. Defendant Heilig-Meyers Corporation seeks to tax $2,397.90 against the plaintiffs jointly. Defendant Monte Holcomb seeks to tax $811.50 against the plaintiffs jointly. For reasons to follow, the court will reduce the costs and deny the motion for a stay.

[666]*666I. OBJECTIONS TO BILLS OF COSTS

The plaintiffs lodge a number of objections to the defendants’ bills of costs. First, they challenge the necessity of most of the taxed deposition costs. Second, they challenge the taxation of certain copying costs. Finally, the plaintiffs contend that the court should exercise its discretion not to tax costs because of their financial condition. The court will address each of the objections in turn.

A. DEPOSITIONS

The plaintiffs lodge four objections to the deposition costs. First, the plaintiffs argue that the court should disallow as unnecessary all costs of the depositions of Tony Blevins and Eric Amerspek. Second, the plaintiffs argue that the costs of copies of depositions which were noticed by Heilig-Meyers should be eliminated from its bill of costs. Third, as to Holcomb’s bill of costs, the plaintiffs argue that the court should disallow all costs of deposition transcripts because Holcomb merely adopted Heilig-Meyers’s briefs and work product. Fourth, the plaintiffs argue that Heilig-Meyers’s bill of costs should be reduced by the amount of an available discount for prompt payment.

Federal Rule of Civil Procedure 54(d) provides that “costs other than attorneys’ fees shall be allowed as of course to the prevailing party unless the court otherwise directs.” The Supreme Court has interpreted Rule 54(d) to grant federal courts discretion to refuse to tax costs in favor of the prevailing party. See Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 442, 107 S.Ct. 2494, 2497, 96 L.Ed.2d 385 (1987).

Under 28 U.S.C.A. § 1920(2), taxable costs may include fees of the court reporter for “all or any part of the stenographic transcript necessarily obtained for use in the case.” Depositions are included in the phrase “stenographic transcript.” United States v. Kolesar, 313 F.2d 835, 837-38 (5th Cir.1963).1 Costs incurred in obtaining copies of deposition transcripts are also recoverable. See Id. at 837-39.

In determining whether the cost of a particular deposition is taxable, “the district court must evaluate the facts of each case and determine whether all or any part of a copy of any or all of the depositions was necessarily obtained for use in the case.” Newman v. A.E. Staley Mfg. Co., 648 F.2d 330, 337 (5th Cir. June 1981) (quoting Kolesar, 313 F.2d at 840). “[W]here the deposition costs were merely incurred for convenience, to aid in a more thorough preparation of the case, or for purpose of investigation only, the costs are not recoverable.” DiCecco v. Dillard House, Inc., 149 F.R.D. 239, 241 (N.D.Ga.1993). “[A] district judge has great latitude in determining whether a deposition was ‘necessarily obtained for use in the case’ or was obtained merely for the convenience of the attorneys.” Newman, 648 F.2d at 337.

This case was disposed of prior to trial, on the basis of the defendants’ motions for summary judgment. However, this fact is not fatal to the defendants’ claim for costs. Specifically, “the fact that a court disposes of the case at the summary[-]judgment stage is no impediment to an award of costs, provided that they were otherwise reasonably necessary for use in the case.” Hudson v. Nabisco Brands, Inc., 758 F.2d 1237, 1243 (7th Cir.1985), overruled on other grounds, Provident Bank v. Manor Steel Corp., 882 F.2d 258 (7th Cir.1989); see also Eagle Insurance Co., 982 F.Supp. 1456, 1458 (M.D.Ala.1997), aff'd, 162 F.3d 98 (11th Cir.1998) (table). Moreover, “the determination of necessity must be made in light of the facts known at the time of the deposition, without regard to any intervening developments that later rendered the depositions unneeded for further use.” Hudson, 758 F.2d at 1243.

1. Depositions of Tony Blevins and Eric Amerspek

The plaintiffs contend that neither Tony Blevins’s nor Eric Amerspek’s deposition was necessarily obtained for use in the case. As support for their argument, the plaintiffs note that: the depositions of Tony [667]*667Blevins and Eric Amerspek were much shorter than those of the plaintiffs; the defendants ordered only copies of the depositions, instead of originals with diskettes; the defendants did not cite the depositions in their motions for summary judgment; and the defendants did not order the transcripts of the depositions until after filing their summary-judgment motions.

The plaintiffs’ arguments evince a misunderstanding of the proper analysis. The plaintiffs ask the court to view the defendants’ expenditures in light of how the defendants ultimately used the depositions. However, as mentioned earlier, the court must determine whether the depositions appeared reasonably necessary at the time they were taken. Thus, factors such as how long the depositions lasted and how the defendants ultimately used the depositions are not dis-positive of the issue.

The court finds that the depositions were ‘necessarily obtained for use in the action’ when taken. Annette Blevins alleged that Holcomb retaliated against her because Tony Blevins, her husband, called to complain about Holcomb’s treatment of her. Thus, Tony Blevins was a potentially important witness in the case. Also, the plaintiffs named Tony Blevins and Eric Amerspek as expected witnesses in their initial disclosures.2 Furthermore, although Tony Blevins’s and Eric Amerspek’s depositions were relatively short, their testimony was relevant only to discreet issues. The relative brevity of the depositions was a function of this limited relevancy, not an indication that the depositions were unnecessary. For these reasons, the court rejects the plaintiffs’ objections to taxation of the costs of the depositions.

2. Depositions Taken by Defendants

The plaintiffs argue that copies of depositions taken by the prevailing party are not taxable as costs and that, accordingly, Heilig-Meyers should not be able to tax the costs of copies of depositions of Annette Blevins, Tony Blevins, Frances Amerspek, and Eric Amerspek. As discussed above, the court finds that the depositions of Tony Blevins and Eric Amerspek were necessarily obtained.

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Bluebook (online)
184 F.R.D. 663, 44 Fed. R. Serv. 3d 30, 1999 U.S. Dist. LEXIS 3111, 1999 WL 149822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blevins-v-heilig-meyers-corp-almd-1999.