RACE TIRES AMERICA, INC., a Division of Specialty Tires of America, INC. vs ® ® Dirt Motor Sports, dba & (
Hoosier and DMS asserting violations of arising out of adoption of a
District Court granted the defense summary judgment motions Hoosier and DMS present Bills of Costs pursuant to FRCP 54(d)
charges for making COPIES Hoosier: $143,007 DMS: $241,139 entire amounts charged by the electronic discovery vendors were taxable. this is e-discovery District Court found (e-discovery performed in-house not taxable)
3rd Circuit Court of Appeals says... Only scanning and file format conversion is making copies. $30,000 of the $356K claimed. NOT! FRCP 54(d)(1) -
decisions that award ediscovery costs are
categories of ediscovery services: Collecting and preserving Processing and indexing Converting natives to TIF Keyword searching Scanning paper S I E E E S S S S S S E I I I E S S E E I ord w 1 2 3 4 5 E
only 4 and 5are making copies 1920(4) The American Rule provides that each party pays their own legal fees
(under the British Rule the loser pays) Putting a cherry on that... The court notes that 1920(d) was recently
The committee explicitly did not
the court cites the US Supreme Court and the presumption that
The federal court lacks the authority to award ediscovery costs other than copying of materials. VACATE AND REMAND