Jacqueline Camille Sedwick v. Denis Richard McDonough, Secretary, Department of Veterans Affairs

Summary

This report and recommendation addresses Defendant’s bill of costs after summary judgment was entered in favor of the Secretary of Veterans Affairs in Jacqueline Sedwick’s employment-discrimination action. The magistrate judge recommends sustaining Sedwick’s objections in part and ordering her to pay $4,293.28, excluding costs for an audio-synchronized CD, administrative fees, and rough drafts. The recommendation also rejects Sedwick’s equitable arguments for denying costs based on her pro se status and civil-rights claims.

Holdings

1. The original deposition transcript costs for Sedwick, Gregory Guillermo, and Kimberly Coleman-Prier were taxable because the transcripts were reasonably expected to be used at trial or in trial preparation and were actually cited in Defendant's successful motion for summary judgment.
2. The audio-synchronized CD, administrative fees, and rough-draft costs were not taxable incidental deposition expenses and should be excluded from the bill of costs.
3. Sedwick's pro se status, civil-rights allegations, and asserted equitable concerns did not justify denying the prevailing defendant's otherwise taxable costs.

Questions Presented

1. Whether the prevailing defendant established that the original deposition transcripts were necessarily obtained for use in the case and therefore taxable under 28 U.S.C. § 1920(2).
2. Whether costs for an audio-synchronized CD, administrative fees, and rough-draft deposition transcripts were taxable costs.
3. Whether equitable considerations, including Sedwick's pro se status and civil-rights allegations, justified denying the defendant's bill of costs.

Disposition

other