Board of Directors, Water's Edge v. Anden Group

MEMORANDUM OPINION

ELLIS, District Judge.

Introduction

Plaintiff’s post-judgment motion for litigation costs raises questions as to whether plaintiff may recover costs associated with (i) deposition transcripts not used at trial, (ii) transcripts of pretrial proceedings, and (iii) fees for copies and exemplification. Deposition transcript costs are awarded in light-of this circuit’s rule that where there is a merits disposition short of trial such costs are recoverable to the victor where the depositions, though not used at trial, appeared reasonably necessary for preparation for trial at the…