Scott v. WPIX, Inc.
MEMORANDUM & ORDER re: 90 Notice (Other) filed by WPIX, Inc. For the reasons stated in this Order, WPIX's motion is granted in part and denied in part. Defendant WPIX's motion for $8,961.53 in costs for daily trial transcripts and & #036;8,616.58 in attorneys' fees and costs associated with two depositions is denied. Defendant WPIX's motion for $5,558.84 in costs for deposition transcripts is granted. The Clerk of the Court is directed to terminate the motion pending at ECF No. 90. (Signed by Judge William H. Pauley, III on 12/11/2012) (tro)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
10 Civ. 4622 (WHP)
MEMORANDUM & ORDER
------------------------------- -- X
WILLIAM H. PAULEY III, District Judge:
Defendant WPIX, Inc. moves-pursuant to Federal Rule of Civil Procedure 54,
Local Rules 30.1 and 54.1, and 28 U.S.C. §§ 1821(b), 1920, and 1923-for fees and costs
totaling $23,126.95 against Plaintiff Karen Scott. Specifically, WPIX seeks $8,616.58 in
attorneys' fees and costs incurred for attendance at two depositions; $8,961.53 in costs for trial
transcripts; and $5,558.84 in costs incurred for the deposition transcripts of certain trial
witnesses. For the foregoing reasons, WPIX's motion is granted in part and denied in part.
I. Legal Standard
Applications for costs are governed by Federal Rule of Civil Procedure 54(d)(1),
which provides in part 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." Fed.
R. Civ. P. 54(d)(1). Costs include transcripts that were "necessarily obtained" for use in trial or
on appeaL 28 U.S.C. § 1920; Local Civil Rule 54.1 (c)(1). Depositions costs are taxable if the
deposition was used or received in evidence at trial. Local Civil Rule 54.1 (c)(2). But
depositions taken solely for discovery are not taxable. Local Civil Rule 54.1 (c)(2). When,
however, a deposition is "taken at a place more than one hundred miles from the courthouse, any
party may request the Court to issue an order providing that prior to the examination, another
party shall pay the expense[.]" Local Civil Rule 30.1.
II. Trial Transcript Costs
WPIX seeks $8,961.53 in costs for daily trial transcripts. "To assess the losing
party with the premium costs of daily transcripts, necessity-beyond the mere convenience of
counsel-must be shown." Galella v. Onassis, 487 F.2d 986, 999 (2d Cir. 1973). Necessity is
detennined by "the length and complexity of the case, whether more than one attorney for the
requesting party was present at the trial, whether the transcript was a mere convenience, and
other extraordinary circumstances." Farberware Licensing Co. v. Meyer Marketing Co., No. 09
Civ. 2570 (HB), 2009 WL 5173787 at *4 (S.D.N.Y. Dec. 30,2009). Courts routinely deny
requests for costs of daily transcripts absent extraordinary circumstances. Farberware Licensing
Co., 2009 WL 5173787 at *4. Here, WPIX cannot demonstrate that daily trial transcripts were
necessarily obtained for use in the case because the trial was relatively short and anyone of
WPIX's three attorneys could have taken notes during the proceedings. See Bucalo v. East
Hampton Union Free Sch. Dist., 238 F.R.D. 126, 129 (E.D.N.Y. 2006). Accordingly, WPIX's
motion for daily trial transcript costs is denied.
III. Attorneys' Fees and Costs associated with the Charlier and Ramirez Depositions
WPIX also seeks $8,616.58 for attorney fees and costs associated with
depositions taken in Chicago and Florida. Local Civil Rule 30.1 provides that such fees and costs
are taxable when, prior to the deposition, a party requests the Court to "issue an order providing
that the other party shall pay the expense." Because WPIX made no such motion, these costs are
not taxable. See, e.g., Burchette v. Abercrombie & Fitch Stores, Inc., No. 08 Civ. 8786 (RMB)
(THK), 2010 U.S. Dist. Lexis 99551, at *18-19 (S.D.N.V. Sept. 22,2010); India.com, Inc. v.
Dalal, No. 02 Civ. 0111 (DLC), 2010 WL 2758567, at *5 (S.D.N.Y. July 13, 2010); Sovereign
Partners Ltd. P'ship v. Rest. Teams InCI, Inc., No. 99 Civ. 0564 (RJW), 2001 WL 30665 at *2
(S.D.N.Y. Jan. 12,2001). Accordingly, WPIX's request for $8,616.58 in attorney fees and costs
III. Other Deposition Costs
WPIX seeks $5,558.84 for the deposition transcripts of certain other trial
witnesses. These depositions were used and received in evidence at triaL Such costs are taxable
under Rule 54.l(c)(2). Accordingly, WPIX motion for costs associated with the deposition
transcripts that were used and received in evidence is granted.
For the foregoing reasons, WPIX's motion is granted in part and denied in part.
Defendant WPIX's motion for $8,961.53 in costs for daily trial transcripts and $8,616.58 in
attorneys' fees and costs associated with two depositions is denied. Defendant WPIX's motion
for $5,558.84 in costs for deposition transcripts is granted. The Clerk of the Court is directed to
terminate the motion pending at ECF No. 90.
New York, New York
WILLIAM H. PAULEY III
Kenneth Jason Rubinstein
Haynes and Boone, LLP
30 Rockefeller Plaza
New York, NY 10112
Counsel for Plaintiff
Edward Cerasia, II
Ogletree, Deakins, Nash, Smoak & Stewart, P.c.
New York, NY 10019
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