2 considerations of fairness.
Wm. Bros Boiler & Mfg. Co. v. Gibson
, 202 F.Supp. 6, 7 (N.D.Ohio 1961).
Transcripts of Trial Proceedings ($1,237.35; $988.55)
A judge or clerk of any court of the United States may tax as costs the following:
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case. 28 U.S.C. § 1920(2).
“Necessarily obtained for use in the case” statutory standard for taxing costs
for transcripts and photocopies does not allow prevailing party to recover costs for materials that merely added to convenience of counsel or district court, or for materials produced solely for discovery; standard requires that prevailing party's transcription and copy costs must be reasonably necessary to litigation of case.
In re Williams Securities Litigation-WCG Subclass
, 558 F.3d 1144, 1147-48 (10th Cir. 2009). Under this section transcript of testimony for use on appeal is not includable in taxable costs, since such transcript is not a necessary incident of an appeal, and because allowance to litigants of cost of copies of transcripts of testimony would unduly increase cost of litigation when there should happen to be several parties on winning side.
Todd Atlantic Shipyards Corp. v. The Southport
, 100 F.Supp. 763 (E.D.S.C.1951). While
was about the cost of ordering
of the transcript, these transcripts had no bearing upon the appeal in this case, as the appeal was directly limited to the question of immunity under the CDA, a decision that was made prior to and not expanded upon by either party at trial. Specifically, the Court denied the Defendant
s motion for judgment as a matter of law on January 10, 2012 (Doc. 76) which was related to CDA immunity. The Defendant appealed the Court
s denial on February 7, 2012 (Doc. 79). The Defendant appealed the same issue at the conclusion of the second trial. (Doc. 209).
Case: 2:09-cv-00219-WOB-CJS Doc #: 218 Filed: 08/22/14 Page: 2 of 7 - Page ID#: 3291