Free Proposed Bill of Costs - District Court of Colorado - Colorado

*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE BEFORE Case 1:01-cv-02199-MSK-MEH Document 463 Filed 04/10/2007 Page 1 of 2 THE CLERK FOR TAXATION. AO 133 (Rev 03/02)

BILL OF COSTS

United States District Court
MICHAEL CLAWSON and JARED DILLON V. MOUNTAIN COAL COMPANY, LLC., ARCH WESTERN RESOURCES, LLC., and ARCH COAL, INC.

DISTRICT For the District of Colorado DOCKET NO. 01 CV 02199 MAGISTRATE CASE NO. MEH

Judgment having been entered in the above entitled action on Defendants

March 28, 2007
Date

against

the clerk is requested to tax the following as costs:

BILL OF COSTS
Fees of the clerk ........................................................................................................................................................... Fees for service of summons and complaint ................................................................................................................ Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ........................ Fees and disbursements for printing ............................................................................................................................ Fees for witnesses (itemized on reverse side) .............................................................................................................. Fees for exemplification and copies of papers necessarily obtained for use in the case .............................................. Docket fees under 28 U.S.C. § 1923 ........................................................................................................................... Costs incident to taking of depositions ....................................................................................................................... Costs as shown on Mandate of Court of Appeals ........................................................................................................ Other costs (Please itemize) ........................................................................................................................................ $ $ $ $ $ $ $ $ $ $ $ 191.00 165.00 11,273.98 0.00 2,295.23 2,098.87 0.00 1,781.00 0.00 0.00

Please review and comply with D.C.COLO.LCivR .54.1 (See Notice section on reverse side)

$ $ TOTAL $

17,805.08

DECLARATION
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy hereof was this day mailed with postage fully prepaid thereon to: Signature of s/J. Keith Killian Attorney Print Name For: J. Keith Killian, Esq. Michael E. Clawson, Plaintiff
Name of Claiming Party

Phone Number Date

(970) 241-0707 April 10, 2007

Please take notice that I will appear before the Clerk who will tax said costs Date and Time on the following day and time: Costs are hereby taxed in the following amount and included in the judgment: Amount Taxed $ (BY) DEPUTY CLERK CLERK OF COURT GREGORY C. LANGHAM DATE:

*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE BEFORE Case 1:01-cv-02199-MSK-MEH Document 463 Filed 04/10/2007 Page 2 of 2 THE CLERK FOR TAXATION. AO 133 (Rev 03/02)

WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
ATTENDANCE TOTAL NAME AND RESIDENCE Days Cost Days Cost Miles Cost SUBSISTENCE TOTAL MILEAGE TOTAL Total Cost Each Witness

Edgar Langrand, 5174 Hwy. 133, Somerset, CO Gene DiClaudio, 5174 Hwy. 133, Somerset, CO Patricia Anctil, Colorado Springs, Somerset, CO Jerome C. Darnell, Boulder, CO Andy Tweddell, by deposition: deposition fee & mileage Thomas Richards, Hotchkiss, CO John Bartlett, 3112 Sumac St., Ft. Collins, CO Travis Ballard, 9683 3609 Road, Hotchkiss, CO Jose Hernandez, 989 2100 Rd., Austin, CO Shawn Pfifer, 343 Dodge St., Delta, CO Randy Daughtery, 5174 Hwy. 133, Somerset, CO Stan Hopper, 5174 Hwy. 133, Somerset, CO Steve O'Connell, 5174 Hwy. 133, Somerset, CO Bill Olsen, 5174 Hwy. 133, Somerset, CO Drema Scanlon, 5174 Hwy. 133, Somerset, CO Mary Stahl, 5174 Hwy. 133, Somerset, CO Bob Turner, 5174 Hwy. 133, Somerset, CO Lavon Turpin, 5174 Hwy. 133, Somerset CO Dewey Walker, 5174 Hwy. 133, Somerset, CO Bart Rolf, 170 Hwy. 33, Paonia, CO

207.34 136.94 40.00 40.00 35.94 96.16 313.76 96.16 81.30 75.42 110.40 110.40 110.40 110.40 110.40 110.40 110.40 110.40 110.40 102.12

TOTAL: $ 2,295.23

NOTICE
Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: "Sec. 1924. Verification of bill of costs." "Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed." See also Section 1920 of Title 28 which reads in part as follows: "A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree." The Federal Rules of Civil Procedure contain the following provisions: Rule 54 (d) "Except when express provisions thereof is made either in a statute of the United States or in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise directs, but costs against the United States, its officers, and agencies shall be imposed only to the extent permitted by law. Costs may be taxed by the clerk on one day's notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court." D.C.COLO.LCivR 54.1 Taxation of Costs "Each judgment or the final order shall indicate which party or parties are entitled to costs. A bill of costs must be filed on the form provided by the court within ten days after entry of the judgment or final order. Costs will be taxed by the clerk or a designated deputy. Prior to appearance before the clerk, counsel for the party seeking costs shall file a written statement that a reasonable effort has been made, in conference with opposing counsel, to resolve disputes regarding costs. It costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court."