LendingTree, LLC v. Zillow, Inc. et al

Filing 697

ORDER granting in part and denying in part 686 Motion for Disallowance of Zillow's Costs; denying 691 Motion for Leave to File. Signed by Chief Judge Frank D. Whitney on 1/27/2015. (eef)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
DOCKET NO. 3:10-cv-00439-FDW-DCK
LENDINGTREE, LLC, a Delaware )
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limited liability company,
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Plaintiff,
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vs.
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ZILLOW, INC., a Washington )
corporation; and NEXTAG, INC., a )
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Delaware corporation;
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Defendants.
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ORDER

THIS MATTER is before the Court on LendingTree’s Motion for Disallowance of
Zillow’s Costs (Doc. No. 686), which was filed in response to Zillow’s Bill of Costs (Doc. No.
681). Zillow responded in opposition to LendingTree’s motion (Doc. No. 689). LendingTree
has moved for leave to file a reply in support of its motion (Doc. No. 691), but because the Court
feels an adequate record for review exists, that motion is DENIED. Having carefully considered
the arguments, the record properly before this Court, and the applicable authority, the Court will
GRANT IN PART and DENY IN PART LendingTree’s Motion for Disallowance of Zillow’s
Costs.
Zillow seeks to recover costs for daily copies of transcripts during trial. Pursuant to the
Bill of Costs Handbook produced by the Office of the Clerk for the Western District of North
Carolina, these costs are only recoverable where the copy was produced “solely for the
convenience of counsel, unless prior court approval was obtained.” (Bill of Costs Handbook,
February 10, 2003, p. 9) (emphasis in original). Here, Zillow’s counsel never sought prior
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approval for daily copy. Instead, counsel for all parties ordered daily copies of transcripts prior
to trial and without any involvement by the Court. The Court’s references to the daily transcripts
during the course of trial are insufficient to establish the daily copy was produced for anything
other than convenience of counsel. Therefore, these costs ($12,801.80) are disallowed.
Turning to the other costs sought by Zillow, the Court finds that these costs are allowed
under applicable authority.

Thus, the remainder of LendingTree’s Motion to Disallow is

DENIED.
IT IS THEREFORE ORDERED that LendingTree’s Motion for Leave to File a Reply
(Doc. No. 691) is DENIED, and LendingTree’s Motion for Disallowance of Costs (Doc. No.
686) is GRANTED IN PART and DENIED IN PART. Zillow should promptly submit a revised
Bill of Costs to the Clerk for signature.
IT IS SO ORDERED.

Signed: January 27, 2015

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