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U.S. v. Salus Rehabilitation, LLC, 8:11-cv-1303-T-23CPT. (2018)

Court: District Court, M.D. Florida Number: infdco20180420e07 Visitors: 8
Filed: Apr. 20, 2018
Latest Update: Apr. 20, 2018
Summary: ORDER STEVEN D. MERRYDAY , District Judge . The defendants move (Doc. 474) to tax $156,630.22 in costs for transcripts and printing. Objecting, the relator correctly observes (Doc. 479) that several of the requested costs appear unnecessary or inadequately documented. 1. Transcript costs First, the defendants move to tax $48,029.14 in "deposition-related costs." (Doc. 474-2) A party cannot recover a transcript cost if the cost "w[as] merely incurred for convenience, to aid in thorough pr
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ORDER

The defendants move (Doc. 474) to tax $156,630.22 in costs for transcripts and printing. Objecting, the relator correctly observes (Doc. 479) that several of the requested costs appear unnecessary or inadequately documented.

1. Transcript costs

First, the defendants move to tax $48,029.14 in "deposition-related costs." (Doc. 474-2) A party cannot recover a transcript cost if the cost "w[as] merely incurred for convenience, to aid in thorough preparation, or for purposes of investigation." E.E.O.C. v. W&O, Inc., 213 F.3d 600, 620-21 (11th Cir. 2000). Because a "travel" or "condensed" transcript is convenient but unnecessary, the defendants cannot recover the cost of the condensed transcripts. Similarly, the defendants cannot recover the cost of a digital transcript or the "rough ASCII" (that is, the uncertified rough draft provided by the reporter soon after the deposition). See, e.g., George v. Fl. Dep't of Corrections, 2008 WL 2571348 at *5-*6 (S.D. Fla. May 23, 2008) (Rosenbaum, J.). Also, in this instance the defendants cannot recovery the cost of expediting a transcript, a "handling fee," or a "shipping fee." See, e.g., GEICO Gen. Ins. Co. v. Gould, 2015 WL 12838847 at *3-*4 (M.D. Fla. Feb. 13, 2015) (McCoun, J.). Finally, several of the invoices include an "app fee," but the defendants fail to show the necessity of the fee.

Also, the invoices show unreasonably expensive charges for copying. The defendants, which paid $1.95 for each color copy, fail to show the necessity of color copying. Additionally, the defendants paid $0.50 or more for each black-and-white copy, a sum that exceeds the reasonable cost of copying. The defendants can tax $0.15 per copy for the copies. See, e.g., Martinez-Pinillos v. Air Flow Filters, Inc., 2010 WL 6121708 at *5 (S.D. Fla. Dec. 22, 2010) (taxing copies at fifteen cents per page); Perkins v. Tolen, 2012 WL 3244512 at *3 (M.D. Fla. July 13, 2012) (taxing copies at fifteen cents per page). As shown in the appendix to this order, the defendants can recover $29,761.90 in deposition costs.

2. Cost of daily trial transcription

The defendants deposited with the court reporter $50,000 for daily transcription of the four-week trial, and the cost of the daily transcription exhausted the deposit. Although unnecessary in the typical action, the cost of daily transcription is taxable in an action of unusual length or complexity. Maris Dist. Co. v. Anheuser-Busch, Inc., 302 F.3d 1207, 1225-26 (11th Cir. 2002). During the four-week trial of this action, the parties called nearly two-dozen witnesses and introduced several thousand pages of exhibits. Escobar's reminder about the "rigorous" materiality requirement required careful attention to the testimony of Ruckh, Bradley, Palega, and others. Because the daily transcription was reasonably necessary to the defense of this action, the defendants can recover the $50,000 cost of the daily transcription.

3. Printing costs

The defendants request taxing $52,774.84 for printing costs. Objecting to taxing $33,572.80 of the costs, the relator correctly observes that the defendants fail to provide information sufficient to determine the necessity of the printing. Because the defendants "provide no information about what was printed, where, by whom, or for what reason" (Doc. 479 at 8), the defendants cannot recover $33,572.80 of the requested costs. See Cullens v. Ga. Dep't of Trans., 29 F.3d 1489, 1494 (11th Cir. 1994) (affirming the denial of printing costs where the movant failed to present "evidence regarding the documents copied[,] including their use or intended use"). The defendants can recover $19,202.04 for printing costs.

4. Sanctions

Granting the defendants' motion for sanctions, an August 12, 2015 order (Doc. 235) holds that the defendants "are entitled to a credit of $5,826.25." A January 31, 2018 order (Doc. 475) holds that the relator "is entitled to an award of $17,844.75." After adjusting for the sanctions, the defendants can tax costs of $86,945.44.*

5. Sovereign immunity

Invoking sovereign immunity, the State of Florida and the United States object (Docs. 478 and 480) to taxing costs against the governments and request that the clerk tax costs against Ruckh only. Neither Ruckh nor the defendants oppose the requests. The unopposed requests (Docs. 478 and 480) not to tax costs against the governments are GRANTED.

CONCLUSION

The clerk is directed to enter judgment for the defendants and against Angela Ruckh in the amount of $86,945.44.

Appendix

Transcript costs

Deponent Taxable Costs Non-taxable Costs Total Taxable Jignasa Dabhl Transcript copy; Condensed $550.80 exhibits (24 pgs. at transcript; digital fifteen cents) transcript Kristi Williams Transcript copy; Condensed $703.50 exhibits (16 pgs. at transcript; digital fifteen cents) transcript Caroline Packer Transcript copy; Rough ASCII, $991.05 exhibits (376 pgs. at condensed transcript; fifteen cents) digital transcript Leota Juliano Transcript copy; Rough ASCII, $1,239.60 exhibits (176 pgs. at condensed transcript; fifteen cents) digital transcript Derick Deeter Transcript copy, Rough ASCII, $1,124.80 transcript copy (V2); condensed transcript; exhibits (46 pgs. at digital transcript, fifteen cents); rough ASCII (V2), witness read and sign condensed transcript packet, witness read (V2); digital and sign packet (V2) transcript (V2) Christine Allison Transcript copy; Rough ASCII, $1,522.15 Bennetts exhibits (723 pgs. at condensed transcript; fifteen cents) digital transcript Karmelita Marie Transcript copy; Rough ASCII, $1,130.70 Morgan exhibits (235 pgs. at condensed transcript; fifteen cents) digital transcript Juliette Shaffer Digital media $459.00 Rousey Panfilo DeMayo Transcript copy Rough ASCII, $619.15 condensed transcript; digital transcript David McKenzie Digital media $585.00 Cheryl McAnally Transcript copy; Rough ASCII, $910.95 exhibits (240 pgs. at condensed transcript; fifteen cents) digital transcript Stephanie Griffin Digital media $488.75 Angela Ruckh Transcript copy; App fee, rough $460.90 (10/29/2015) exhibits (38 pgs. at ASCII, condensed fifteen cents); transcript; digital witness read and transcript sign letter Louann Stephens Transcript copy; Rough ASCII, $829.90 exhibits (429 pgs. at condensed transcript; fifteen cents) digital transcript Lorie Jones Transcript copy; Rough ASCII, $408.75 exhibits (180 pgs. at condensed transcript; fifteen cents) digital transcript Ashley Ardoin Ashley: Transcript Ashley: Rough $1,652.70 copy; exhibits (486 ASCII, condensed and pgs. at fifteen cents) transcript; digital transcript Ann Buzzell Ann: Transcript Ann: Rough ASCII, copy; exhibits (817 condensed transcript; pgs. at fifteen cents) digital transcript Michael Kirsch Synchronized video $525.00 Sarah Finnegan Transcript copy; Rough ASCII, $1,980.40 exhibits (52 pgs. at condensed transcript; fifteen cents) digital transcript Scott Allan Bartos Transcript copy; Rough ASCII, $1,005.80 exhibits (447 pgs. at condensed transcript; fifteen cents); digital transcript witness read and sign letter Peter Lawrence Transcript copy; Rough ASCII, $1,199.40 Dressel exhibits (333 pgs. at condensed transcript; fifteen cents) digital transcript Gregory Palega, MD, Transcript copy; Rough ASCII, $1,146.75 JD exhibits (140 pgs. at condensed transcript; fifteen cents) digital transcript Stefan Boedeker Transcript copy; Rough ASCII, $2,036.40 exhibits (699 pgs. at condensed transcript; fifteen cents) digital transcript Constantjin Panis, Transcript copy; Rough ASCII, $1,558.50 PhD exhibits (182 pgs. at condensed transcript; fifteen cents) digital transcript; handling fee Marvette Transcript copy; Seven day expedite; $1,612.20 Lowrie-Morris exhibits (452 pgs. at app fee; rough fifteen cents) ASCII, condensed transcript; digital transcript; handling fee Marc Vianello Transcript copy; Six day expedite; $1,312.90 exhibits (158 pgs. at rough ASCII, fifteen cents) condensed transcript; digital transcript; handling fee Angela Ruckh Transcript copy; Seven day expedite; $2,235.10 (3/24/2016) exhibits (322 pgs. at app fees; rough fifteen cents) ASCII, condensed transcript; digital transcript; handling fee Shirley Bradley Transcript copy; App fee; rough $557.55 exhibits (253 pgs. at ASCII, condensed fifteen cents) transcript; digital transcript; handling fee Steven A. Pelovitz Transcript copy; Five day expedite; $914.20 exhibits (2 pgs. at realtime feed; rough fifteen cents) ASCII, condensed transcript; digital transcript Total: $29,761.90

FootNotes


* $29,761.90 for transcript costs plus $50,000 for daily transcripts plus $19,202.04 for printing plus the $5,826.25 credit minus the $17,844.75 sanction.
Source:  Leagle

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