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Shire Dev. v. Mylan Pharms.

Shire Dev. v. Mylan Pharms.

Case Date: 11/11/2018
Citation: 2018 U.S. Dist. LEXIS 205171
Court Type: Federal District
Court: Middle District of Florida (M.D. Fla.)
Judge: Federal Magistrate Judge: Anthony E. Porcelli

Whether a party may recover e-discovery related costs through a motion for taxation of costs, and if so, which costs may the moving party recover?


Yes, 28 U.S.C. § 1920(4) permits a party to recover “only the costs of creating the produced duplicates.” Here, the court found preparatory or ancillary cost commonly incurred leading up to, in conjunction with, or after duplication are not taxable. Stated differently, production-related costs are not taxable. In Shire Development, the moving party demanded costs expressly incurred to “help facilitate document production” and costs associated with “uploading documents to a database, consulting costs, and costs based on illegible documents.” The court found these costs fell outside of the scope of §1920. Therefore these costs were not taxable.

Relevant Documents:

Defendants Motion for Taxation of Costs [DI 552]

Plaintiffs Opposition to Defendants Motion [DI 553]

Report and Recommendation [DI 557]

E-discovery Tags: Costs
E-discovery subjects: Computer, Database, Software

Published: December 6th, 2018

Category: Uncategorized

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