Laboratory Skin Care Inc., et al. v. Limited Brands Inc., et al.C.A. No. 06-601 - LPS, March 30, 2016.

Stark, C. J. Defendants’ motion for review of taxation of costs is granted.

Final judgment was entered in favor of defendants which was affirmed.  A bill of costs for the amount of $47,413.13 was submitted to the Clerk of the Court on November 30, 2012.  The clerk awarded some but not all of the requested costs. Defendants now dispute the clerk’s denial of requests for $44,825.46 for costs incurred in copying and producing 125,517 pages of documents in discovery, and over a thousand dollars in deposition costs.  The court finds that the costs defendants incurred in scanning their paper documents for production to Plaintiff were incurred in order to comply with the Default Standard for Discovery pursuant to which the parties were operating, which required production of electronically stored information.  The costs of Bates stamping were also reasonable and necessary. Also, defendants provided sufficient supporting evidence to establish costs of production of hard copies.  In addition, the court awarded costs associated with depositions of two witnesses who were scheduled to testify at trial.  Although the clerk found that defendants had failed to meet the “substantial portion” requirement of Local Rule 54.1(b)(3), defendants’ decision to depose these corporate representatives and purchase copies of the transcripts for potential use at trial was at least reasonably necessary in litigating the case and awarded those costs.