MARK S. DAVIS, District Judge.
This matter comes before the Court on Defendant's Bill of Costs, ECF No. 80, and Plaintiff's Objection to Bill of Costs, ECF No. 81. For the reasons discussed below, Plaintiff's Objection to Bill of Costs is
On August 5, 2013, Plaintiff filed a Complaint against Defendants, alleging that Verizon, her employer, breached her employment contract and Communication Workers of America ("CWA"), the labor union representing her, "violated the duty of fair representation." Compl. ¶ 34, ECF No. 4. The Court granted summary judgment to all defendants on August 4, 2014. ECF No. 67. Plaintiff timely appealed, but the Fourth Circuit affirmed this Court's ruling in an unpublished per curiam opinion on October 8, 2015. ECF No. 77. The Fourth Circuit issued its mandate on October 30, 2015. ECF No. 79.
CWA filed its Bill of Costs on November 9, 2015, seeking $574.00 for six cost items related to the instant case and appeal. ECF No. 80. Plaintiff filed her Objection to CWA's Bill of Costs on November 23, 2015. ECF No. 81. Because "objections [were] filed and the Clerk [was] unable to determine all or some of the properly chargeable costs, the application for such costs" was referred to the Court. E.D. Va. Loc. Civ. R. 54(D)(2). Therefore, the matter is ripe for review.
Plaintiff lists four objections to CWA's Bill of Costs. First, Plaintiff argues that CWA's Bill of Costs, seeking payment of three pre-appeal costs related to pro hac vice attorney admission, copying, and Certificates of Good Standing, incurred in the District Court, is untimely. Pl's Obj. to Def.'s Bill of Costs at 2. Second, Plaintiff argues that the Bill of Costs improperly seeks appellate copying costs that should have been sought in the Fourth Circuit and is now untimely.
As noted above, Plaintiff first objects to CWA's request for three pre-appeal costs incurred in this Court. Local Civil Rule 54 provides that a party entitled to costs in this Court "shall file a bill of costs as provided in 28 U.S.C. §§ 1920 and 1924 within eleven (11) days from the entry of judgment, unless such time is extended by order of the Court." E.D. Va. Loc. Civ. R. 54 (D). Section 1920 lists six categories of costs that may be recovered.
Second, Plaintiff objects to CWA's request for costs incurred in the Fourth Circuit. Federal Rule of Appellate Procedure 39 requires that "[a] party who wants costs taxed must—within 14 days after entry of judgment—file with the circuit clerk" the requisite bill of costs. Fed. R. App. P. 39(d)(1). After a bill of costs is filed with the circuit clerk, the "clerk must prepare and certify an itemized statement of costs for insertion in the mandate."
Next, Plaintiff objects to CWA's request for filing fees for attorney admissions to the Fourth Circuit. Federal Rule of Appellate Procedure 39(e) provides that the only costs that a prevailing party may seek post appeal at the District Court are (1) costs for "preparation and transmission of the record; (2) the reporter's transcript, if needed to determine the appeal; (3) premiums paid for a supersedeas bond or other bond to preserve rights pending appeal; and (4) the fee for filing the notice of appeal." Fed. R. App. P. 39(e). CWA seeks $216 for Fourth Circuit attorney admission fees. However, Appellate Rule 39 does not include attorney admission fees.
Finally, Plaintiff objects to the only remaining cost item, $67.50 for the summary judgment transcript, because it was not necessary for the appeal. Federal Rule of Appellate Procedure 39(e)(2) allows a prevailing party to seek costs for "the reporter's transcript" in the district court following appeal, if the transcript was necessary "to determine the appeal." Plaintiff is correct that the transcript, obtained by CWA, was not necessary "to determine the appeal." Plaintiff was the only party to note an appeal, Notice of Appeal, ECF No. 69, and CWA did not file a cross-appeal. Plaintiff ordered the transcript on September 16, 2014, Tr. Req., ECF No. 72, and the transcript was included in the joint appendix, App., No. 14-1889, ECF No. 19. CWA only purchased a copy of the transcript. ECF NO. 80-1. As Plaintiff had already ordered the transcript, and it was included in the Joint Appendix, CWA's copy was not "needed to determine the appeal." Therefore, Plaintiff's fourth objection to CWA's Bill of Costs is
For the reasons stated above, Plaintiff's Objection to Defendant's Bill of Costs is