Magistrate Judge Thynge: Bill of Costs Granted in Part, Denied in Part
Magistrate Judge Thynge recently reviewed a bill of costs in Cordance Corp. v. Amazon.com, Inc., C.A. No. 06-491-MPT (D. Del. Apr. 11, 2012). The court considered $591,824.69 in printing, electronic discovery, exemplifications, deposition expenses, filing fees, and witness fees and subsistence costs, and granted the bill of costs in part and denied it in part. Judge Thynge found no evidence of dilatory tactics by Amazon, but did reduce some of the costs requested.
In order to recover electronic discovery costs, she required Amazon to produce documents that distinguish the costs for converting documents, which were recoverable, from costs for processing, which were not. Id. at 9. Costs of exemplifications were limited to the amount attributable to “the actual presentation of the exhibits and documents,” not for “the intellectual effort involved in their production.” Id. at 11. With regard to deposition costs, Judge Thynge refused to allow reimbursement for depositions that were not used at trial and depositions of which Amazon failed to prove “a substantial portion” was used at trial. Id. at 12-20. Finally, Judge Thynge granted Amazon’s requests for witness expenses because Amazon had provided sufficient documentation supporting witnesses’ travel costs and had provided evidence of an agreement between the parties that witness fees would be recoverable if Amazon prevailed. Id. at 21.