Winmill, Lynn B., United States District Judge
Following entry of judgment for defendant, trial court allowed recovery of fees for limited attorneys’ fees, transcripts, and video-taping depositions under Idaho Code §§ 12-120 (3) & 12-121. This was the third of three opinions issued in this case concerning electronic discovery which was both extensive and contentious throughout the litigation.
Following his termination from defendant’s employment of which the facts are accounted for in Willnerd v. Sybase, Inc., 2012 WL 5391270, plaintiff brought multiple claims against defendant, including for wrongful discharge, retaliation, breach of contract and covenant of good faith and fair dealing, and defamation. The court granted summary judgment for the defendant on all claims, and defendant brought motion to recover attorney’s fees, costs for videotaping depositions, producing electronic copies of transcripts, and scanning and converting document to electronic format.
Relying on Idaho Code § 12-121, the trial court awarded attorney’s fees to the defendant on plaintiff’s defamation claim. The court recognized that “[a]fter extensive discovery, including multiple depositions and broad electronic discovery of [defendant’s] e-mail server,” plaintiff’s complaint still only raised vague allegations of defamation.
The trial court also allowed
recovery of fees under Local Rule 54.1 (c) (1) for transcripts (but not the
cost of expediting them), videotaping, and for scanning and converting to
electronic format. The trial court determined
that plaintiff was not responsible for costs of “expediting transcripts or
copies beyond the one transcript allowed in the rules.” The trial court did allow the defendant to
recover costs for videotaping depositions because local rule provided a
prevailing party was “entitled to costs of video-taped depositions, plus one
copy.”
However, as to plaintiff’s retaliation claim, the trial court noted that the Ninth Circuit has held that a district court abuses its discretion if it fails to consider the chilling effect of awarding fees on future civil rights litigants or the fact that the high costs has the potential to render the party indigent.
v.
SYBASE, INC., Defendant / Counterdefendant
Counsel
Thomas A. Banducci, Jennifer Schrack Dempsey, Banducci Woodard Schwartzman PLLC, Boise, ID, Tamsen L. Leachman, Dunn Carney Allen Higgins & Tongue LLP, Portland, OR, for Plaintiff / Counterclaimant.B Newal Squyres, Scott E. Randolph, Holland & Hart, Boise, ID, Amy A Durgan, Christopher J. Keller, Felicia Ruth Reid, Richard J. Curiale, Curiale Hirschfeld Kraemer LLP, San Francisco, CA, for Defendant / Counterdefendant.