Free Motion for Review - District Court of Colorado - Colorado

Case 1:01-cv-02199-MSK-MEH

Document 477-4

Filed 05/04/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Case No. 01-cv-02199-MSK-MEH MICHAEL E. CLAWSON and JARED L. DILLON, Plaintiffs, v. MOUNTAIN COAL COMPANY, L.L.C., ARCH WESTERN RESOURCES, L.L.C., and ARCH COAL, INC., Defendants.

ORDER GRANTING PLAINTIFF CLAWSON'S MOTION TO REVIEW TAXATION OF COSTS

THIS MATTER comes before the court on plaintiff's Motion to Review Taxation of Costs. Considering the evidence and argument submitted by the parties, the court makes the following findings: 1. The additional transcriptions costs requested by Clawson, in the amount of

$2,820.92, are for transcripts necessarily obtained for use in the case. The transcripts obtained, and the amount requested, are reasonable under the circumstances present in this case. 2. The deposition witness fees for Anctil and Darnell, in the amount of $80.00, were

incurred by Clawson and are reasonable. 3. Clawson incurred costs for the exemplification and copying of documents

reasonably necessary to the litigation, in addition the amounts awarded by the clerk. This 1

Case 1:01-cv-02199-MSK-MEH

Document 477-4

Filed 05/04/2007

Page 2 of 2

includes: $182.81 to obtain copies of plaintiff's medical records; $27.03 to obtain employment and labor records; $58.00 in copy costs by the Gunnison County and District Courts for copies of the case file made when the case was moved from the state court system to the federal district court; and an additional $685.70 for copies of possible trial exhibits. In addition to what the clerk ordered, Clawson reasonably incurred costs of $953.54 for the exemplification of documents necessary for trying this case 4. Clawson reasonably incurred fees for service of subpoenas incident to taking the

depositions of Darnell and Anctil, in the amounts of $25.00 and $44.00 respectively. In addition to the amount awarded by the clerk, Clawson reasonably incurred $69.00 in costs incident to the taking of deposition. Having considered the motion and the above findings, the court GRANTS said motion. The plaintiff is to be awarded costs, in the amount of $3,923.46, IN ADDITION to the costs already taxed by the Clerk of the Court. DATED this day of BY THE COURT: , 2007.

Marcia S. Krieger United States District Judge

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