Dedewo v. CBS Corporation

Background

On April 5, 2022, the court granted CBS Corporation’s motion for summary judgment, dismissing Deborah Dedewo’s federal claims and declining to exercise jurisdiction over her state and city law claims. The court also stated that costs would be paid by Dedewo. On April 19, 2022, CBS submitted a bill of taxable costs under Federal Rule of Civil Procedure 54(d)(1) and 28 U.S.C. § 1920, seeking $7,950.51.

The request included $1,964 for obtaining Dedewo’s deposition and the transcript, and $5,986.51 for serving subpoenas for her medical records. CBS supported the request with a declaration and invoices. It argued that the costs were actually incurred, reasonable, and necessary to defend the case. CBS said the deposition was needed to understand the allegations and assess the extent of Dedewo’s claimed damages, and that the medical records were necessary to evaluate potential noneconomic damages.

Dedewo’s objections

Dedewo argued that the deposition costs should be reduced by one-third because the court had declined to exercise jurisdiction over her state and city claims. She also argued that the subpoena-service costs were excessive and duplicative, and noted that CBS had not relied on the medical records in its summary-judgment motion. The opinion says it was unclear whether she challenged all of those costs or sought only a reduction. Dedewo also requested additional time to repay any costs because of her modest income.

Court’s analysis

Judge Hellerstein overruled Dedewo’s objection to the deposition and transcript costs. The court explained that the Local Rules for the Southern District of New York allow recovery of deposition costs when the court uses the deposition in deciding a summary-judgment motion. The court had relied on Dedewo’s deposition. The costs were also authorized by an earlier order dated June 11, 2021, which allowed CBS to redepose Dedewo at her expense because of what that order described as discovery misconduct.

The court also denied Dedewo’s request to reduce the deposition costs because CBS did not prevail on every claim. The court found that the claims arose from common facts and were not separable for purposes of the deposition. The court therefore awarded CBS the full $1,964 for the deposition and transcript.

The court rejected Dedewo’s factual objection that subpoena entries for four doctors were duplicates. It found that the entries reflected unsuccessful service attempts, service at different locations, or service on different dates. The court also rejected the argument that the medical records were unnecessary merely because CBS did not use them on summary judgment. Because Dedewo claimed emotional-distress damages, the records could have been relevant at trial if the case had proceeded that far.

The court nevertheless reduced the subpoena-related costs because CBS’s documentation did not establish the reasonableness and necessity of certain charges. The court identified unexplained “Search and Locate” and “RUSH Service Fee” charges. It also found that several initial service fees exceeded the $65-per-item rate that could be collected by the United States Marshals Service. Where multiple subpoenas were served at the same address, the court allowed additional charges of $58 each but reduced each initial service fee charged for an address to $65.

Disposition

The court awarded CBS Corporation $4,211 in costs: $1,964 for Dedewo’s deposition and transcript and $2,247 for subpoena service. Judge Hellerstein ordered Dedewo to pay 10% of her gross monthly income on the first day of each successive month until the full amount was repaid.