Free Affidavit - District Court of Colorado - Colorado

Case 1:01-cv-01961-JLK-MJW

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Filed 07/15/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO CIVIL ACTION NO. 01cv-1961-JLK-MJW RONALD W. KALKHORST, Plaintiff, v. UNITED STATES PARCEL, INC., Defendant. _____________________________________________________________________ AFFIDAVIT OF KIMBERLEY DEMPSTER NEILIO REGARDING BILL OF COSTS _____________________________________________________________________ Kimberley Dempster Neilio, being duly sworn, declares and states as follows: 1. My name is Kimberley Dempster Neilio. I am counsel for Defendant United Parcel Service, Inc. in the above -referenced matter. The facts set forth herein are based upon my personal knowledge. I understand that this affidavit will be used in connection with Defendant United Parcel Service, Inc.'s Bill of Costs in the above matter.

Case 1:01-cv-01961-JLK-MJW

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Filed 07/15/2005

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2. On June 30, 2005, summary judgment was granted for Defendant, and a judgment was entered in favor of Defendant and against Plaintiff on all counts of the Complaint in this action. The Order is attached as Exhibit "A". 3. Attached hereto as Exhibit "B" are true and correct copies of invoices paid by Defendant United Parcel Service, Inc. for costs relating to the deposition of Plaintiff which were necessary for the defense of this case. 4. Attached hereto as Exhibit "C" is a list of exhibits and materials used by Defendant United Parcel Service, Inc. in this matter. This list contains an itemization of the copying required by Defendant in defense of this action. All copies are reflected in the Bill of Costs at a rate of $.15 per page. 5. The costs associated with the items listed above, which Defendant United Parcel Service, Inc. seeks to tax as costs, are correct and were necessarily incurred in the defense of this case. The services for which fees were charged were actually and necessarily performed.

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Case 1:01-cv-01961-JLK-MJW

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Filed 07/15/2005

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I have read the foregoing statement, and it is true and correct to the best of my knowledge and belief. s/ Kimberley Demsper Neilio Kimberley Dempster Neilio STATE OF COLORADO CITY AND COUNTY OF DENVER ) ) ) ss.

The foregoing instrument was subscribed and sworn to before me this 15th day of July 2005, by Kimberley Dempster Neilio.

Witness my hand and official seal. s/ Carrie R. Coston Notary Public My Commission Expires: August 22, 2008

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Case 1:01-cv-01961-JLK-MJW

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Filed 07/15/2005

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C ERTIFICATE OF SERVICE
I hereby certify that on July 15, 2005 , I electronically filed the foregoing with the Clerk of Court using CM/ECF system and I also certify that I have mailed or served the document or paper to the following non CM/ECF participants in the manner (mail, handdelivery, etc.) indicated by the non-participants name: Ronald W. Kakhorst ( U.S. mail) 10900 W. 65th Way Arvada, Colorado 80004
s/ Kimberley Dempster Neilio

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Case 1:01-cv-01961-JLK-MJW

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Filed 07/15/2005

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EXHIBIT C

Fees For Copies Of Papers Necessarily Obtained For Use In Case: $1,035.25 Brief in Support and Reply Brief: 103 pages x 5 copies = 515 pages * 515 pages x $.15 = $77.25 Deposition: "No Show" Appearance Fee Appearance Fee Deposition Transcript ** Total $150.00 $200.00 $608.00 $958.00

* Cost of one retained copy, service copy for plaintiff, pro se, and one original and two copies for filing with the Court.

**

Cost of one retained copy and service copy for plaintiff, pro se.

3403196_1.DOC