Opinion · Court of Appeals for the Eighth Circuit
McDowell v. Safeway Stores, Inc.
758 F.2d 1293
- Type
- Opinion
- Court
- Court of Appeals for the Eighth Circuit
- Jurisdiction
- Federal
- Date
- 1985-04-08
- Topic
- general
How later courts describe this case
- stating that before awarding the cost of a trial transcript, the court should determine that the transcript was not obtained primarily for the convenience of parties but was necessary for use in the case
- affirming denial of recovery of costs for trial transcripts when not necessary to prepare proposed findings of fact and conclusions of law largely based on trial exhibits
- “[T]he court should determine that transcripts were not obtained primarily for the convenience of parties but were necessary for use in the case.”
- “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.”
Citator
UpLaw has not yet analyzed McDowell v. Safeway Stores, Inc.. The absence of a flag is not a finding that it is good law.
- Cited by
- 26 opinions
McDOWELL v. SAFEWAY STORES, INC.,758 F.2d 1293(8th Cir. 1985)
CHARLOTTE McDOWELL; JAMES KING; CARMEN SMITH; JOHN NIMMER; GWENDOLYN DOBY;
LINDA NOWDEN; SHERRILL RUSS, APPELLANTS, v. SAFEWAY STORES, INC., APPELLEE.
No. 84-2541.
United States Court of Appeals, Eighth Circuit.
Submitted January 31, 1985.
Decided April 8, 1985.
Page 1294
Scotty Shively, Little Rock, Ark., for appellee.
Before BRIGHT, McMILLIAN, and BOWMAN, Circuit Judges.
[2] The lawsuit for which costs were awarded was a class action brought pursuant to42 U.S.C. § 1981alleging disparate treatment by Safeway against its black employees. On November 23, 1983, the district court entered judgment for Safeway,575 F. Supp. 1007affirmed753 F.2d 716. On April 3, 1984, Safeway submitted a bill of costs amounting to $22,729.63.2Safeway filed two briefs in support of its bill; appellants filed two briefs in opposition. On November 7, 1984, the clerk for the United States District Court for the Eastern District of Arkansas assessed costs against appellants in the amount of $7,942.29. The clerk also filed an explanation of this taxation of costs explaining why certain costs were denied and declining to address Safeway's claim to $9,804 for trial transcripts. Appellants did not file a motion with the district court objecting to or requesting a review of the assessment of costs, but have appealed directly to this court.
[3] 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.
[4] 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.
[5] The district court's order taxing costs against appellants is affirmed, no further costs are awarded.