McDowell v. Safeway Stores, Inc.
Opinion of the Court
Appellants appeal from the district court’s award of costs to Safeway Stores, Inc. (Safeway), the prevailing party in an employment discrimination lawsuit. For reversal, appellants contend that the district court
The lawsuit for which costs were awarded was a class action brought pursuant to 42 U.S.C. § 1981 alleging disparate treatment by Safeway against its black employees. On November 23, 1983, the district court entered judgment for Safeway, 575 F.Supp. 1007 affirmed 753 F.2d 716. On April 3, 1984, Safeway submitted a bill of costs amounting to $22,729.63.
Appellants allege that the district court abused its discretion in awarding any costs at all to Safeway. They also contest certain specified costs. We have carefully reviewed the record in this appeal and find no abuse of discretion in the costs awarded by the district court. Furthermore, we note that appellants failed to make a timely motion for a review of the award pursuant to Fed.R.Civ.P. 54(d). Accordingly, we affirm the award of costs.
The cost of trial transcripts may be awarded to a prevailing party if the transcripts were “necessarily obtained for use in the case.” 28 U.S.C. § 1920 (1982). Before awarding such costs, the court should determine that transcripts were not obtained primarily for the convenience of parties but were necessary for use in the case. Galella v. Onassis, 487 F.2d 986, 999 (2d Cir. 1973); Studiengesellschaft Kohle mbH v. Eastman Kodak Co., 713 F.2d 128, 133 (5th Cir. 1983). Safeway argues that transcripts were necessary to prepare proposed findings of fact and conclusions of law, which were requested by the trial judge. Our review discloses that these findings and conclusions were largely based on trial exhibits. Therefore we conclude that transcripts were not necessary and decline to award these costs.
The district court’s order taxing costs against appellants is affirmed, no further costs are awarded.
. The Honorable Henry Woods, United States District Judge for the Eastern District of Arkansas.
. Safeway amended this bill on May 8, 1984 to request $23,845.63.
Reference
- Full Case Name
- Charlotte McDOWELL James King Carmen Smith John Nimmer Gwendolyn Doby Linda Nowden Sherrill Russ v. SAFEWAY STORES, INC.
- Cited By
- 26 cases
- Status
- Published