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Little v. Mitsubishi

United States Court of Appeals, Seventh Circuit
Jan 30, 2008
514 F.3d 699 (7th Cir. 2008)

Summary

holding that the cost of a "stenographic transcript of deposition" used "to support motion for summary judgment" is recoverable under § 1920

Summary of this case from Boswell v. Envoy Air, Inc.

Opinion

No. 07-2392.

Submitted December 19, 2007.

After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeals are submitted on the briefs and the record. See Fed.R.App.P. 34(a)(2).

Decided January 30, 2008.

Appeal from the United States District Court for the Central District of Illinois, Joe Billy McDade, J.

Larry Little, pro se.

Mark S. Mester (submitted), Latham Watkins, Chicago, IL, for Defendant-Appellee.

Before RIPPLE, MANION and WOOD, Circuit Judges.



Larry Little, an African American, sued his former employer, Mitsubishi Motors North America, Inc., alleging that it discriminated against him on the basis of race when it laid him off as part of a reduction in force. The district court granted summary judgment and awarded costs to Mitsubishi. Mr. Little appeals both judgments, but because only the appeal of the award of costs raises a novel issue, we limit this opinion to that appeal. We address Mr. Little's appeal from the grant of summary judgment on his underlying claim of discrimination in a separate nonprecedential order also issued today. For the reasons set forth in this opinion, we affirm the district court's judgment awarding costs to Mitsubishi.

I BACKGROUND

The facts underlying Mr. Little's discrimination claim are set forth in our companion nonprecedential order and need not be repeated here. After the district court granted summary judgment to Mitsubishi, Mitsubishi moved under Federal Rule of Civil Procedure 54(d) for an award of costs and submitted a bill totaling $16,978.86. Mitsubishi sought costs for copies of papers, court reporter services, telephone charges, postage, delivery services and service of summonses and subpoenas. After overruling Mr. Little's objections to Mitsubishi's bill of costs, the district court granted the motion, awarding Mitsubishi all but $79.98 of the costs it sought. Mr. Little timely appealed, contending (1) except for telephone use, none of the costs awarded were authorized by statute; (2) costs for copying documents, telephone use and delivery services were unreasonable; and (3) costs of video-recording his deposition, copying documents and serving summonses and subpoenas were unnecessary.

II DISCUSSION

We review an award of costs for abuse of discretion. Ogborn v. United Food Commercial Workers Union, Local No. 881, 305 F.3d 763, 767 (7th Cir. 2002). Federal Rule of Civil Procedure 54(d) provides that costs should be allowed as a matter of course to the prevailing party. See Fed.R.Civ.P. 54(d). Mr. Little maintains that the particular costs awarded to Mitsubishi are either not permitted as a matter of law or are so unreasonable or unnecessary as to constitute an abuse of discretion.

A district court may not tax a prevailing party's costs to the losing party under Rule 54(d) unless the specific expense is authorized by a federal statute. Crawford Fitting Co. v. J. T Gibbons, Inc., 482 U.S. 437, 441-12, 107 S.Ct. 2494, 96 L.Ed.2d 385 (1987); Republic Tobacco Co. v. N. Atl. Trading Co., 481 F.3d 442, 447 (7th Cir. 2007). Mr. Little contends that the award of costs for copies, computerized research, summonses, subpoenas, delivery services and a video-recorded deposition are not authorized by 28 U.S.C. § 1920. We disagree.

All of the above costs are authorized by § 1920. The only novel issue is whether § 1920 authorizes awarding costs for stenographically transcribing a video-recorded deposition. The first half of Mr. Little's contention, that § 1920 does not permit district courts to award costs for video-recorded depositions at all, is fore-closed by our prior decisions holding that such costs may be taxed. See Barber v. Ruth, 7 F.3d 636, 645 (7th Cir. 1993); Commercial Credit Equip. Corp. v. Stamps, 920 F.2d 1361, 1368 (7th Cir. 1990). The more subtle question raised by Mr. Little's pro se brief, whether the costs of both video-recording and stenographically transcribing the same deposition may be taxed under the current rules, is a question of first impression in this circuit.

Prior to 1994, we held that a prevailing party could not be awarded costs for both the video-recording and stenographically transcribing a deposition. See Barber, 7 F.3d at 645; Stamps, 920 F.2d at 1369. These decisions were based on the pre-1993 version of Federal Rule of Civil Procedure 30(b)(4), which stated that, when a deposition was recorded by non-stenographic means, "a party may arrange to have a stenographic transcription made at the party's own expense." See Fed.R.Civ.P. 30(b)(4) (1993). A 1993 amendment to Rule 30 deleted the phrase "at the party's own expense," and, although we have yet to interpret the 1993 amendment, two of our sister circuits have held that amended Rule 30(b)(2)-(3) now permits district courts to tax the costs of stenographically transcribing a video-recorded deposition. See Tilton v. Capital Cities/ABC, Inc., 115 F.3d 1471, 1478 (10th Cir. 1997); Morrison v. Reichhold Chems., Inc., 97 F.3d 460, 464-65 n. 5 (11th Cir. 1996). We agree with our sister circuits' interpretation of amended Rule 30(b)(2)-(3) (now Rule 30(b)(3)) and hold that such costs may be taxed.

The relevant provision, originally found in Rule 30(b)(4), was moved to Rule 30(b)(2)-(3) by the 1993 amendments, and again to Rule 30(b)(3) by the 2007 amendments. The 2007 amendment, however, was "intended to be stylistic only," see Fed.R.Civ.P. 30 advisory committee's note; it therefore does not alter our analysis.

The text of the rule is the most reliable indicator of the intent of the rule-makers. Cf. McMillan v. Collection Prof'ls, Inc., 455 F.3d 754, 762 (7th Cir. 2006). Here, the rule-makers have removed the provision that we previously interpreted to bar an award of costs in this situation. Because the 1993 amendments removed the "operative language," see Tilton, 115 F.3d at 1478 n. 4, we must conclude that the rule-makers intended to allow the costs of both video-recording and stenographic transcription to be taxed to the losing party. Cf. Nalley v. Nalley, 53 F.3d 649, 652 (4th Cir. 1995) ("When the wording of an amended statute differs in substance from the wording of the statute prior to amendment, we can only conclude that Congress intended the amended statute to have a different meaning.").

Section 1920 authorizes costs to be awarded for stenographic transcripts only if the transcript is "necessarily obtained for use in the case." 28 U.S.C. § 1920(2). We agree with the Tenth Circuit that most transcripts of video-recorded depositions will fall into this category. See Tilton, 115 F.3d at 1478. For example, Federal Rule of Civil Procedure 26(a)(3)(A)(ii) requires any party intending to use deposition testimony at trial to "provide to the other parties and promptly file" a transcript of the pertinent parts of the deposition if it was not recorded stenographically. Fed.R.Civ.P. 26(a)(3)(A)(ii). Similarly, Rule 32(c) provides that "a party must provide a transcript of any deposition testimony the party offers" at a hearing or trial. Fed.R.Civ.P. 32(c). In this case, Mitsubishi used Mr. Little's video-recorded deposition to support its motion for summary judgment, so the stenographic transcript of that deposition was necessarily obtained for use in the case.

Finally, in addition to being authorized by statute, a cost must be both reasonable and necessary to the litigation for a prevailing party to recover it. Cengr v. Fusibond Piping Sys., Inc., 135 F.3d 445, 454 (7th Cir. 1998); McIlveen v. Stone Container Corp., 910 F.2d 1581, 1582-83 (7th Cir. 1990). Mr. Little contends that Mitsubishi's cost of gathering other evidence it never submitted to the court was not necessary to the litigation. He also maintains that the costs assessed for copying, telephone use and delivery charges were unreasonable. We have reviewed the record and conclude that these contentions are meritless and require no further discussion.

Conclusion

For the foregoing reasons, the judgment of the district court is affirmed.

AFFIRMED


Summaries of

Little v. Mitsubishi

United States Court of Appeals, Seventh Circuit
Jan 30, 2008
514 F.3d 699 (7th Cir. 2008)

holding that the cost of a "stenographic transcript of deposition" used "to support motion for summary judgment" is recoverable under § 1920

Summary of this case from Boswell v. Envoy Air, Inc.

holding that courts may "tax the costs of stenographically transcribing a video-recorded deposition" in addition to the costs of the video-recording itself

Summary of this case from Zamora v. Wier

holding that under the 1993 amendment to Federal Rule of Civil Procedure 30 a court may award costs for both videotaping and transcribing a deposition

Summary of this case from SP Techs., LLC v. Garmin Int'l, Inc.

holding that the district court was authorized to award prevailing party costs for a video-recording and transcript of the same deposition

Summary of this case from Trading Technologies International v. Espeed, Inc.

finding statute covers videotaped depositions

Summary of this case from E2Interactive, Inc. v. Blackhawk Network, Inc.

finding both a video-recorded deposition used to support motion for summary judgment and stenographic transcript of that deposition were necessarily obtained for use in the case and thus taxable costs

Summary of this case from Goldberg v. Pacific Indemnity Company

affirming an award of costs to a prevailing defendant

Summary of this case from Thorncreek Apartments I, LLC v. Vill. of Park Forest

affirming award of costs for computerized research

Summary of this case from Rogers v. Baxter International Inc.

stating that courts may tax video-deposition expenses as costs under § 1920

Summary of this case from Craftsmen Limousine v. Ford Motor

In Little, the Seventh Circuit merely found that the district court did not abuse its discretion in awarding fees to a prevailing ERISA defendant.

Summary of this case from Geiger v. Aetna Life Ins. Co.

In Little, the Seventh Circuit held that both the video and transcript of Little's deposition were obtained for use in the case because Mitsubishi relied on the deposition testimony in its motion for summary judgment, and the transcript was therefore also needed for the motion.

Summary of this case from Howell v. CSX Transp., Inc.

taxing cost of stenographic transcript of a videotaped deposition that the defendant relied on in its motion for summary judgment

Summary of this case from Fabiyi v. Mcdonald's Corp.

stating that courts may tax video-deposition expenses as costs under § 1920

Summary of this case from Stanley v. Cottrell, Inc.

stating that courts may tax video-deposition expenses as costs under § 1920

Summary of this case from Sportsman v. BNSF Ry. Co.

In Little, the court ruled that district courts may tax the costs of both stenographic transcripts and video-recorded depositions, joining the Tenth and Eleventh Circuits.

Summary of this case from Cleary v. Philip Morris Inc.

allowing costs for both transcription and videotaping of same depositions

Summary of this case from Equal Employment Opportunity Com. v. CRST Van Expedited

In Little v. Mitsubishi Motors N. Am., Inc., 514 F.3d 699, 702 (7th Cir. 2007), the Seventh Circuit determined that the costs of both video-recording and stenographic transcription of depositions may be taxed to the losing party if the costs are shown to be necessary.

Summary of this case from Horizon Hobby, Inc. v. Ripmax Ltd.

In Little v. Mitsubishi Motors North America, Inc., 514 F.3d 699, 701-02 (7th Cir. 2008) (per curiam), the first case cited by the Eighth Circuit in Craftsmen Limousine for the proposition that video deposition costs are recoverable, the court agreed with two of its sister circuits that district courts may tax the costs of stenographically transcribing a video deposition and of the video deposition.

Summary of this case from AVANTE INT. TECHNOLOGY CORP. v. PREMIER ELECTION SOL
Case details for

Little v. Mitsubishi

Case Details

Full title:Larry L. LITTLE, Plaintiff-Appellant, v. MITSUBISHI MOTORS NORTH AMERICA…

Court:United States Court of Appeals, Seventh Circuit

Date published: Jan 30, 2008

Citations

514 F.3d 699 (7th Cir. 2008)

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