On February 8, 2024, the Clerk of Court taxed costs in Defendant Apple Inc.’s favor in the amount of $69,072.06.
Case 3:21-cv-00812-TWR-JLB Document 411 Filed 04/02/24 PageID.19248 Page 2 of 4 Through the instant Motion, Plaintiff seeks only to reduce the costs taxed against it by $17,756.40, representing the amount awarded for five expedited deposition transcripts, on the grounds that the cost of expediting the transcripts was not “necessarily obtained for use in the case” under 28 U.S.C. § 1920(2) and Civil Local Rule 54.1(b)(3).1 Plaintiff contends that “the expedited processing was optional, and the transcripts could have been obtained on a regular schedule instead.” (See Mot.
The Court agrees with those that have concluded that “the costs of expedited delivery are not recoverable generally.” Plantronics, Inc. v. Aliph, Inc., No. C 09-01714 WHA LB, 2012 WL 6761576, at *6 (N.D. Cal.
Opp’n at 2), “nothing in the record shows that depositions could not have been scheduled earlier or that there is something special about timing that should allow expedited delivery costs to be included as ‘costs’ under 28 U.S.C. § 1920(d).” See Plantronics, 2012 WL 6761576, at *6.
Although the Court would be well within its rights to exclude the entirety of the $17,756.40 Plaintiff seeks in light of Defendant’s failure to adduce any evidence concerning what portion of those costs is allocable to the expedited service surcharge, there is no dispute that Apple would otherwise be entitled to recover its costs for “an original and one copy of any deposition.” See S.D.