DAVID C. NORTON, District Judge.
This matter is before the court on defendant Science Applications International Corporation's ("SAIC") submission of a bill of costs for $1,881.02. Plaintiff Ellen Drake ("Drake") opposes the costs. For the reasons set forth below, the court sustains in part and overrules in part Drake's objections and grants SAIC $1,550.92 in costs.
"Unless a federal statute, these rules, or a court order provides otherwise, costs— other than attorney's fees—should be allowed to the prevailing party." Fed. R. Civ. P. 54(d)(1). "[W]hile Rule 54(d)(1) intends the award of costs to the prevailing party as a matter of course, the district court is given discretion to deny the award, and [the Fourth Circuit] review[s] such exercise of discretion for abuse."
SAIC prevailed in this action, having judgment entered in its favor pursuant to the court's order granting SAIC's motion for summary judgment. SAIC submitted a bill of costs that includes fees from the depositions taken in this case and costs for obtaining copies of Drake's medical records. Drake objects to these costs, arguing that (1) the deposition transcripts for all of the depositions except Drake's were not necessary; (2) SAIC is not entitled to recover the cost of obtaining copies of the deposition transcripts; (3) SAIC is not entitled to deposition attendance fees or scanned exhibit fees; and (4) there is an increase in the fee for Drake's deposition transcript for which SAIC does not provide explanation and for which SAIC should not recover. The court finds that the deposition transcripts were necessary and that SAIC is entitled to recover the deposition copy costs and attendance fees. However, SAIC is not entitled to recover the costs of the scanned exhibit fees or the increased fee for Drake's deposition, which SAIC explains is the expedited rate of the transcript.
Drake first argues that the depositions taken in this case, other than Drake's deposition, were unnecessary. "A district court should award costs when the taking of a deposition is reasonably necessary at the time of its taking."
Here, the parties took the depositions of Drake, Jeff Stewart ("Stewart"), Marcia Saari ("Saari"), Dennis Brady ("Brady"), and Rhonda White ("White"). In its motion for summary judgment and reply, SAIC used excerpts from all of these depositions except Brady's. However, as discussed above, a deposition may be necessary even if it was not used in a dispositive motion. After review of the record and issues in this case, the court finds that these depositions were reasonably necessary because the depositions were relevant and material to this litigation. Drake argues that the depositions were unnecessary because "[t]he matter did not go to [trial]" and that SAIC did not use the complete deposition transcripts in its motion for summary judgment. ECF No. 68 at 2. However, 28 U.S.C. § 1920 permits recovery of costs for deposition transcripts obtained "for use in the case." The statute does not distinguish between use at trial and use for dispositive motions, nor does it require use of the entire transcript in a dispositive motion. Therefore, the court finds that the depositions were reasonably necessary and awards costs to SAIC for the deposition transcripts.
Drake also argues that if the court determines that SAIC is entitled to recover costs of the deposition transcripts, then SAIC should only recover the cost of the original transcripts and not the copies. However, this position was squarely rejected in
Drake next contends that the deposition attendance fees and scanned exhibit fees for depositions are not compensable. With regard to the court reporter's attendance fees, "[t]he prevailing party is entitled to reimbursement for all costs incident to the deposition, including the cost of the court reporter's attendance."
However, SAIC cannot recover the scanned exhibit fees from the depositions. A prevailing party may not recover the "costs for the inclusion of [deposition] exhibits, `as these are primarily for the convenience of counsel, who often has a copy of the exhibit at hand already.'"
Drake's final objection is to the increased fee for her deposition transcript. SAIC explains that this fee was not included on the initial invoice for Drake's deposition because the court reporter did not charge the rate for an expedited transcript on the initial invoice. The subsequent invoice did contain the expedited rate, which resulted in a $266.20 increase in fee. SAIC contends that the expedited transcript was necessary because at the time Drake's deposition was taken on July 11, 2018, the discovery deadline was August 3, 2018. While SAIC focuses on the discovery deadline, the decisive deadline for the purposes of determining whether an expedited transcript was necessary here is the deadline for dispositive motions. At the time of Drake's deposition, the deadline for dispositive motions was September 4, 2018.
"Courts in the Fourth Circuit have held that costs for expedited production are allowable when the recovering party can show necessity for the expedited service."
Finally, SAIC seeks to recover the cost of making copies for Drake's medical records, which totals $164.92. While Drake argues that SAIC is "not entitled to any costs," ECF No. 68 at 2, she does not provide any substantive objection to the costs of the medical records copies; therefore, the court permits recovery of these costs.
In sum, SAIC can recover the costs for the deposition transcript and copies, $1,206.00, the court reporter attendance fees, $180.00, and the copies of Drake's medical records, $164.92. The court disallows recovery of the cost of exhibit scanning, $63.90, and the expedited transcript fee, $266.20. For the foregoing reasons the court