MasterObjects, Inc. v. Meta Platforms, Inc.

Background

After summary judgment in Meta’s favor, Meta sought $59,991.56 in taxable costs. After the parties met and conferred, Meta filed an amended bill seeking $40,319.31. MasterObjects objected to $14,657.36 in three categories: $4,859.30 for videotape copies of depositions, $4,011.38 for reproducing deposition exhibits, and $5,786.68 for preparing visual aids.

Videotaped deposition copies

The court held that Meta could not tax the $4,859.30 cost of videotape copies for the 31 depositions. Although the local rule permits a prevailing party to recover the cost of an original and one copy of a deposition, the court explained that duplicate video and transcript costs may be recovered only when the circumstances warrant them. This case was more like cases denying such duplicate costs: the discovery disputes did not involve deposition conduct or another issue that videotapes could have helped resolve, and transcripts would have been sufficient for impeachment if necessary. Meta therefore did not show that the videotape copies were required to resolve disputes.

Deposition exhibits

The court rejected $4,005.18 for reproducing exhibits to the depositions other than the 2020 deposition of Meta witness William Pei. Most depositions were conducted remotely, and Meta did not provide an adequate explanation or documentation showing that the charges were warranted and reasonable. The court did allow $6.20 for reproducing exhibits to the Pei deposition because that deposition occurred in person.

Visual aids

The court rejected the entire $5,786.68 request for preparing visual aids used in a technology tutorial. That amount included $787.00 for a voice actor and $4,999.68 for a senior paralegal’s work drafting and editing the tutorial presentation. The court agreed that a voice actor was not reasonably necessary when one of Meta’s lawyers could have prepared the audio. It also concluded that Meta had not shown that the paralegal’s time involved only taxable physical preparation of demonstratives rather than nontaxable intellectual work.

Ruling and effect

Judge William Alsup stated that MasterObjects’ objections were sustained to the extent described in the order. The court taxed $25,668.15 in costs, calculated by subtracting $4,859.30 for videotape copies, $4,005.18 for most deposition-exhibit reproductions, and $5,786.68 for visual-aid preparation from Meta’s amended request of $40,319.31. The order addressed the amended bill of costs and did not revisit the substance of the earlier summary-judgment ruling.