Commercial Litigation and Arbitration

Taxing Costs of Both Video and Stenographic Record of Deposition

From Jackson v. UPS, Inc., 2008 U.S. Dist. LEXIS 101385 (S.D. Ill. Dec. 16, 2008), in which defendant UPS sought to tax costs after prevailing on summary judgment, not trial:

The Court finds merit in only one of Jackson's objections to UPS' Bill of Costs — the request to recover $ 898.75 for videotaping Plaintiff Jackson's deposition.... Although fully cognizant of the Seventh Circuit's holding in Little, 514 F.3d 699 (deciding, as matter of first impression, that a district court can award prevailing party costs of both video-recording and stenographically transcribing a deposition), the undersigned Judge concludes that the record does not support the award of both costs in the instant case.

UPS did rely on Jackson's deposition in the successful summary judgment motion, but UPS had the "paper" transcript of that deposition and cited excerpts from that transcript in support of the motion.... UPS has not explained how the video-recording costs were necessary or reasonable. Accordingly, this Court will award all costs sought by UPS less the $ 898.75 for that item.

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