Patrick Daniel Shumaker v. Yahya Alasri, Mutee Nagi, and O-Kay Foods, Inc.

Summary

The court overruled Patrick Daniel Shumaker’s untimely objection to the Clerk’s taxation of $1,057.40 in costs in favor of the defendants. The court held that deposition transcript costs were reasonably and necessarily incurred for trial preparation and that Shumaker failed to overcome the presumption favoring an award of costs to the prevailing party.

Holdings

1. An objection to costs taxed by the Clerk under Federal Rule of Civil Procedure 54(d)(1) must be filed within the applicable fourteen-day period, and Plaintiff's objection was untimely.
2. A prevailing party may recover the cost of printed deposition transcripts when the transcripts were necessarily and reasonably obtained for use in the case, even if the transcripts were not ultimately used at trial.

Questions Presented

1. Whether Plaintiff's objection to the taxation of costs was timely under Federal Rule of Civil Procedure 54(d)(1).
2. Whether the prevailing Defendants were entitled to recover the costs of deposition transcripts that were reasonably obtained for use in preparing the case but were not ultimately used at trial.

Disposition

other