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RACE TIRES AMERICA v. HOOSIER RACING TIRE CORP.

No. 11-2316.

674 F.3d 158 (2012)

RACE TIRES AMERICA, INC., a Division of Specialty Tires of America, Inc.; Specialty Tires of America, Inc.; Specialty Tires of America Pennsylvania, Inc.; Specialty Tires of America Tennessee, LLC, Appellants v. HOOSIER RACING TIRE CORP.; Dirt Motor Sports, Inc. d/b/a World Racing Group.

United States Court of Appeals, Third Circuit.

Filed: March 16, 2012.

Attorney(s) appearing for the Case

Joseph Decker, Esq. (Argued), Mark D. Shepard, Esq. , Mark K. Dausch, Esq. , Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, PA, for Appellants.

Donald E. Knebel, Esq. , Kendall Millard, Esq. , Deborah Pollack-Milgate, Esq. (Argued), Aaron M. Staser, Esq. , Barnes & Thornburg LLP, Indianapolis, IN, Donna M. Doblick, Esq. , Reed Smith LLP, Pittsburgh, PA, for Appellee Hoosier Racing Tire Corp. d/b/a World Racing Group.

Theodore H. Jobes, Esq. (Argued), Christine Soares, Esq. , Fox Rothschild LLP, Philadelphia, PA, John R. Gotaskie, Jr., Esq. , Fox Rothschild LLP, Pittsburgh, PA, for Appellee Dirt Motor Sports, Inc.

Before: SLOVITER, VANASKIE, Circuit Judges, and STENGEL, District Judge.

OPINION

VANASKIE, Circuit Judge.

At issue in this appeal is whether all charges imposed by electronic discovery vendors to assist in the collection, processing, and production of electronically stored information ("ESI") are taxable against a losing party as "[f]ees for exemplification [or] the costs of making copies of any materials where the copies are necessarily obtained for use in the case." 28 U.S.C. § 1920(4). We have not previously addressed...

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