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Madison Oslin Inc. v. Interstate Resources, Inc.

United States District Court, D. Maryland

March 18, 2016

MADISON OSLIN, INC., et al., Plaintiffs
v.
INTERSTATE RESOURCES, INC., et al., Defendants

MEMORANDUM AND ORDER RE: COSTS

MARVIN J. GARBIS UNITED STATES DISTRICT JUDGE.

The Court has before it Plaintiffs’ Motion for Review of the Clerk’s Order Taxing Costs [ECF No. 168] and the materials submitted relating thereto. The Court has reviewed the exhibits and considered the materials submitted by the parties. The Court finds a hearing unnecessary.

I. PERTINENT BACKGROUND[1]

By Memorandum and Order Re: Bond [ECF No. 151], the Court denied Plaintiffs’ Motion to Stay Consideration of Defendants’ Bill of Costs [ECF No. 142] and directed the Clerk to proceed expeditiously to process Defendants’ Bill of Costs. Plaintiffs were directed by separate Order [ECF No. 152] to deposit $8, 384.95[2] with the Clerk as security for the payment of costs, and they timely complied. The Clerk’s Order Taxing Costs [ECF No. 165] was filed on January 15, 2016, taxing costs in favor of Defendants in the amount of $41, 412.35.[3]

By the instant motion, Plaintiffs object to $28, 839.65 of Defendants’ copying costs that pertained to Defendants’ production of electronically stored information.[4]

II. LEGAL STANDARD

A district court may conduct a review of the clerk’s taxation of costs if a motion is served within seven days of the clerk’s order. Fed.R.Civ.P. 54(d)(1). Rule[5] 54(d) provides that “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.” “To overcome the presumption, a district court must justify its decision [to deny costs] by articulating some good reason for doing so.” Cherry v. Champion Int’l Corp., 186 F.3d 442, 446 (4th Cir. 1999).

The expenses that a federal court may tax as a cost are limited to:

(1) Fees of the clerk and marshal;
(2) Fees for printed and electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case;
(5) Docket fees under section 1923 of this title;
(6) Compensation of court appointed experts, compensation of interpreters, and salaries, fees, expenses, and costs of special interpretation ...

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