The Federal Rules of Civil Procedure regarding electronically stored information present challenging ­procedural and substantive issues for parties to litigation. More practically, and, in most cases as a threshold issue, they present cost challenges for litigants. The U.S. Court of Appeals for the Third Circuit recently reviewed whether the costs related to electronic discovery are taxable to the losing party under 28 U.S.C. Section 1920(4) in Camesi v. University of Pittsburgh Medical Center, No. 15-1865 (March 21, 2016).

28 U.S.C. Section 1920(4) permits a judge or clerk of court to tax as costs the fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case. The prevailing party would include those costs in a bill of costs and the amount would be included in the judgment or decree. This provision is at the heart of the dispute in Camesi. In that case, the University of Pittsburgh Medical Center (UPMC) prevailed in a claim under the Fair Labor Standards Act (FLSA). The case involved extensive discovery after the grant of conditional certification under the FLSA. That discovery included the conditional class’ request for electronically stored ­information (ESI). There were multiple motions to compel and for protective orders, resulting in the entry of a consent order that stayed further discovery of ESI until the court ruled on competing motions to certify or decertify the conditional class.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]