Voxer, Inc. et al v. Facebook, Inc. et al

Filing 440

ORDER ADOPTING 437 Report and Recommendations as the opinion of the Court, and GRANTS IN PART and DENIES IN PART Voxers Motion in Support of its Bill of Costs (Dkt. # 391). Signed by Judge David A. Ezra. (dm)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
VOXER, INC. and VOXER IP LLC,
Plaintiffs,
vs.
META PLATFORMS, INC. f/k/a
FACEBOOK, INC. and INSTAGRAM
LLC,
Defendants.

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No. 1:20-cv-00655 [DAE]

ORDER ASSESSING COSTS AND ADOPTING REPORT AND
RECOMMENDATION
Before the Court is a Report and Recommendation (“the Report”)
(Dkt. # 437) submitted by United States Magistrate Judge Susan Hightower. After
reviewing the Report, the Court ADOPTS Judge Hightower’s recommendations
and GRANTS IN PART and DENIES IN PART Plaintiffs Voxer, Inc. and Voxer
IP LLC (“Voxer”) Motion in Support of its Bill of Costs. (Dkt. # 391.)
Voxer’s motion seeks an award of $229,042.35 as the prevailing party
in this cause of action. 1 (See Dkts. ## 382, 391.) Defendants Meta Platforms, Inc.
f/k/a Facebook, Inc. and Instagram LLC (“Meta”) hereby object to the costs
Initially, Voxer sought an award of $255,190.05. However, following discussions
and negotiations between the parties, Voxer has agreed to withdraw certain costs
associated with deposition transcripts, resulting in a final total of $229,041.35.
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associated with deposition transcripts, video depositions, and copying expenses.
(Dkt. # 398.) In her Report, Magistrate Judge Susan Hightower thoroughly
analyzed each of the disputed costs. (See Dkt. # 437.) Upon thorough review,
Judge Hightower recommended that the Court award Voxer a total of $138,004.95
in costs. (Id. at 5) Objections to the Report were due within 14 days after being
served with a copy. None of the parties in this case filed any objections.
Where, as here, none of the parties objected to the Magistrate
Judge’s findings, the Court reviews the Report for clear error. United States v.
Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989). After careful consideration, the
Court adopts the Magistrate Judge’s Report. The Court finds that the Magistrate
Judge's exclusion regarding Voxer's incidental deposition transcript costs and
Voxer's request for videography costs are all reasonable and absent of clear error.
The Court also finds that the Magistrate Judge’s award of 50% of all Voxer’s
copying cost is reasonable and absent of clear error. Therefore, the Court
determines that the Magistrate Judge’s conclusions and recommendations are
neither clearly erroneous nor contrary to law.
Accordingly, the Court ADOPTS the Magistrate Judge’s Report and
Recommendation (Dkt. # 437) as the opinion of the Court, and GRANTS IN
PART and DENIES IN PART Voxer’s Motion in Support of its Bill of Costs (Dkt.
# 391). It is ORDERED that Premier be awarded $138,004.95 in costs.
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IT IS SO ORDERED.
DATE: Austin, Texas, October 26, 2023.

______________________________________
David Alan Ezra
Senior United States District Judge

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