PER CURIAM:
Appellant Kalitta Air L.L.C. (Kalitta) appeals the district court's award of $622,036.38 in costs to Appellee Central
In 1996, Kalitta
In December 2002, this Court affirmed the district court's judgment in part and reversed and remanded in part. GATX/Airlog Co. v. Evergreen Int'l Airlines Inc., 52 Fed.Appx. 940, 942-43 (9th Cir.2002) (unpublished). The district court held a second trial that resulted in a mistrial. On interlocutory appeal from certain post-trial rulings, this Court again affirmed in part and reversed and remanded in part. Kalitta Air, L.L.C. v. Cent. Tex. Airborne Sys. Inc., 315 Fed.Appx. 603, 607 (9th Cir.2008) (unpublished). Following a third trial in which Kalitta pursued only its claim of negligence, the jury rendered a verdict in favor of CTAS.
CTAS subsequently filed a bill of costs for $724,021.37. Kalitta objected and the clerk of court awarded CTAS $691,591.73 in costs. Kalitta then moved the district court to review the clerk's costs award, arguing in pertinent part that (1) pro hac vice admission fees were not taxable; (2) CTAS sought impermissible costs for the creation of visual aids by graphics consultant firms; (3) CTAS impermissibly sought costs for deposition video production and trial presentation support; (4) CTAS could not recover costs for transcript synchronization;
In relevant part, the district court affirmed the clerk's award of $1,310 to CTAS for pro hac vice admission fees, noting this Circuit has not ruled on the issue and that some courts allow the costs to be taxed while others do not. Regarding Kalitta's arguments about costs for graphics consultants, the district court concluded fees for exemplification and copying were permitted only for the physical preparation of documents, not the intellectual effort involved in their creation. Accordingly, while it was not entirely clear how much time was spent on non-compensable activities from the invoices CTAS submitted, the court found an additional reduction of $16,500 was appropriate.
"We review the district court's award of costs for abuse of discretion." Sea Coast Foods, Inc. v. Lu-Mar Lobster & Shrimp, Inc., 260 F.3d 1054, 1058 (9th Cir.2001). We also review the district court's rulings regarding the local rules for abuse of discretion, Alliance of Nonprofits for Ins., Risk Retention Grp. v. Kipper, 712 F.3d 1316, 1327 (9th Cir.2013), but review de novo the question of whether the district court has the authority to award costs, United States ex rel. Newsham v. Lockheed Missiles & Space Co., 190 F.3d 963, 968 (9th Cir.1999).
Federal Rule of Civil Procedure 54 provides that, in general, costs should be awarded to the prevailing party in a civil action. Fed.R.Civ.P. 54(d)(1). The general costs statute, 28 U.S.C. § 1920, defines the term "costs" as used in Rule 54(d). Crawford Fitting Co. v. J.T. Gibbons, Inc., 482 U.S. 437, 441, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987). Section 1920 provides:
28 U.S.C. § 1920(1)-(6).
Kalitta contends the district court erred by awarding CTAS $1,310 in costs for the fees that CTAS's counsel paid to be admitted to the Northern District of California on a pro hac vice basis. We agree.
Section 1920(1) authorizes the district court to tax as costs "[f]ees of the clerk." 28 U.S.C. § 1920(1). Focusing on the plain language of the statute, the specific context in which the language is used, as well as the broader context of the statute as a whole, United States v. Havelock, 664 F.3d 1284, 1289 (9th Cir.2012) (en banc), we conclude § 1920(1)'s reference to fees of the clerk draws its meaning from 28 U.S.C. § 1914, which authorizes the district court to collect a filing fee and "such additional fees only as are prescribed by the Judicial Conference of the United States," 28 U.S.C. § 1914(a), (b).
This conclusion also comports with the Supreme Court's recent statements emphasizing that "taxable costs are limited by statute and are modest in scope." Taniguchi v. Kan Pac. Saipan, Ltd., ___ U.S. ___, 132 S.Ct. 1997, 2006, 182 L.Ed.2d 903 (2012). In Taniguchi, the Court considered whether § 1920(6) — which authorizes the district court to compensate a party for the expense of an interpreter — includes the cost of translating documents. Id. at 2000. In concluding the statute does not cover the cost of translating documents, the Court focused on the plain meaning of the word "interpreter" and concluded that interpretation covers oral, not written, translation. Id. at 2002-05. Given the Court's close reading of the statute and emphasis that "[t]axable costs are limited to relatively minor, incidental expenses," and, further, that "costs almost always amount to less than the successful litigant's total expenses in connection with a lawsuit," id. at 2006 (internal quotation marks omitted), we construe § 1920 narrowly.
We recognize that the Seventh and Eighth Circuits have awarded costs for the pro hac vice admission of counsel. See Craftsmen Limousine, Inc. v. Ford Motor Co., 579 F.3d 894, 898 (8th Cir.2009); United States ex rel. Gear v. Emergency Med. Assocs. of Ill., Inc., 436 F.3d 726, 730 (7th Cir.2006). The Seventh and Eighth Circuits, however, allowed for the taxing of pro hac vice admission fees prior to the Supreme Court's decision in Taniguchi and without any clear explanation of their reasons for doing so. We think the better course is to hew closely to the statute's language, scheme, and context, recognizing that § 1920 is narrow, limited, and modest in scope. See Taniguchi, 132 S.Ct. at 2006. Accordingly, we reverse the district court's award of costs for the pro hac vice admission of CTAS's counsel.
Kalitta also maintains the district court erred by awarding CTAS the costs associated with editing deposition videotapes into clips to be played at trial, as well as the costs associated with synchronizing the deposition videotapes with their transcripts. We agree that the costs of deposition editing and synchronizing are not authorized by § 1920 and therefore reverse the district court's award of costs associated with those services.
There is no direct provision for deposition editing in the costs statute. Section 1920(4) permits the district court to tax as costs "[f]ees for exemplification and the
Similarly, synchronizing deposition videotapes with their transcripts, while convenient, was not an act of copying or exemplification and was not truly necessary for trial. See In re Williams Sec. Litig.-WCG Subclass, 558 F.3d 1144, 1147 (10th Cir. 2009) ("The `necessarily obtained for use in the case' standard does not allow a prevailing party to recover costs for materials that `merely added to the convenience of counsel' or the district court." (citation omitted)). The costs of transcript and deposition synchronization do not fit squarely within the costs statute, and we, like the Supreme Court, "see no compelling reason to stretch the ordinary meaning of the cost items Congress authorized in § 1920." Taniguchi, 132 S.Ct. at 2006.
Although the Sixth Circuit has affirmed a district court's award of costs for the synchronization of video and deposition transcripts, the Sixth Circuit explained only that "the costs beyond transcription are taxable" and "the costs [Appellant] objects to are covered by § 1920." BDT Prods., Inc. v. Lexmark Int'l, Inc., 405 F.3d 415, 419-20 (6th Cir.2005), abrogated in part on other grounds by Taniguchi, 132 S.Ct. at 2000. The Sixth Circuit did not provide any basis for its decision specific to transcript synchronization, and, further, the decision in BDT Products predates the Supreme Court's decision in Taniguchi. We decline to follow the Sixth Circuit's lead in light of the modest scope of § 1920 and the Supreme Court's adherence to a narrow construction of the costs statute. Accordingly, the district court's award of costs for editing and synchronizing deposition videotapes is reversed.
Kalitta contends the district court further erred by awarding CTAS costs for retainers and fees for graphics consultants and by refusing to reconsider its 2002 costs award following the first jury trial. However, Kalitta's arguments regarding graphics consultants and the district court's 2002 costs award are either waived or lack merit, and we therefore affirm the court's award of those costs.
We
Country Vintner of N.C., LLC v. E. & J. Gallo Winery, Inc., 718 F.3d 249, 262 (4th Cir.2013) (brackets and footnotes omitted).