Prism Technologies v. Sprint Spectrum L.P.

Filing 592

ORDER - Sprint's motion for review of the clerk's taxation of costs, filing 558 , is denied. Ordered by Senior Judge Lyle E. Strom. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PRISM TECHNOLOGIES, LLC,

)
)
Plaintiff,
)
)
v.
)
)
SPRINT SPECTRUM L.P., D/B/A
)
SPRINT PCS,
)
)
Defendant.
)
______________________________)

8:12CV123

MEMORANDUM AND ORDER

This matter is before the Court on Sprint Spectrum
L.P.’s (“Sprint”) motion for review of the clerk’s taxation of
costs (Filing No. 558).

After reviewing the motion, brief, and

applicable law, the Court finds as follows.
In this case, $42,495.43 of costs were taxed against
the defendant Sprint (Filing No. 556).

Sprint now brings this

motion challenging one category of transcript costs.

Sprint

alleges that costs for real-time services, rough copies of
deposition transcripts, and optical character recognition (“OCR”)
services in the amount of $11,099.36 are unnecessary costs to
which Prism Technologies, LLC (“Prism”) is not entitled.
Federal Rule of Civil Procedure 54(d)(1) provides that
“[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.”

“A prevailing party is

presumptively entitled to recover all of its costs.”

In re

Derailment Cases, 417 F.3d 840, 844 (8th Cir. 2005).
The Clerk of the Court found that real-time services,
rough copies of deposition transcripts, and OCR services are
costs traditionally allowed by the Eighth Circuit.

See 168th and

Dodge, LP v. Rave Reviews Cinemas, LLC, 501 F.3d 945, 957-58 (8th
Cir. 2007).

In addition, the Bill of Costs Handbook for the

United States District Court of the District of Nebraska (the
“Handbook”), does not specifically preclude such costs.

The

Court finds that the real-time services, rough copies of
deposition transcripts, and OCR services were reasonably
necessary in this case, and therefore the prevailing party is
entitled to recover such costs.
the defendant’s motion.

As a result, the Court will deny

Accordingly,

IT IS ORDERED that Sprint’s motion for review of the
clerk’s taxation of costs is denied.
DATED this 4th day of January, 2016.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

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