Free Affidavit - District Court of Colorado - Colorado

Case 1:04-cv-00597-REB-BNB

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Filed 08/03/2005

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IN THE UNITED STATES DISTRICT COURT FOR THE D ISTRICT O F COLORADO

Civil Action No. 04-CV-0597-REB-BNB DEBRA ANDERSON, Plaintiff, vs. REGIS CORPORATION, Defendant. AFFIDAVIT IN S UPPORT OF D EFENDANT' S B ILL OF COSTS Monique A. Tuttle, being first duly sworn upon oath, deposes and says: 1. I am one of the attorneys of record for Defendant, Regis Corporation ("Regis"). 2. I make this affidavit based upon personal knowledge of the facts and proceedings in the above-captioned matter. 3. I submit this affidavit in support of Defendant's Bill of Costs, pursuant to the Court's Order of July 19, 2005 Granting Defendant's Motion for Summary Judgment and the entry of Judgment, dated July 20, 2005. 4. Filed concurrently with this Affidavit is Defendant's Bill of Costs and Defendant's Certificate of Compliance with D.C.COLO.LCivR 54.1. 5. I have reviewed Defendant's Bill of Costs. Each of the cost items claimed by Regis is correct and was necessarily incurred in the defense of Regis for all of the

Case 1:04-cv-00597-REB-BNB

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claims asserted by Plaintiff. Each of the services for which fees have been charged was actually and necessarily performed. 6. Regis has claimed the filing fee of $150.00 for removal of the case from state to federal court pursuant to 28 U.S.C. §1920(1). See Exhibit A for the check request. 7. Regis has claimed costs for certain court reporter and transcript fees pursuant to 28 U.S.C. § 1920(2). The court reporter fee was incurred in taking the deposition of the Plaintiff, Debra Anderson, on August 27, 2004, and the transcript of that deposition was used in preparing Defendant's Motion for Summary Judgment. Transcript fees were incurred obtaining the transcripts of the Linda Hintz ($231.80) and Joel John ($188.00) depositions taken by Plaintiff. Both transcripts were used in Defendant's Motion for Summary Judgment. See Exhibit B for an itemization of these charges and supporting documentation. 8. Regis has claimed $344.00 in costs for exemplification and copying pursuant to 28 U.S.C. § 1920(4). Copies incurred in connection with the briefing of Defendant's Motion for Summary Judgment were necessary in order for Defendant to obtain the order granting summary judgment. See Exhibit C for an itemization of the charges. Dated: August 3, 2005. Respectfully submitted,

s/Monique A. Tuttle _____________________ Monique A. Tuttle HOLLAND & HART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201- 8749 ATTORNEYS FOR D EFENDANT

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Case 1:04-cv-00597-REB-BNB

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STATE OF COLORADO COUNTY OF DENVER

) ) ss. )

The foregoing Affidavit was acknowledged before me this 3 r d day of August, 2005, by Monique A. Tuttle. Witness my hand and official seal. My commission expires August 22, 2008.

Carrie R. Coston Notary Public

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Case 1:04-cv-00597-REB-BNB

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Filed 08/03/2005

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CERTIFICATE OF SERVICE (CM/ECF)

I hereby certify that on August 3, 2005, I electronically filed the foregoing with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] [email protected] I am not aware of any non CM/ECF participants in this matter requiring service by other means.

s/Monique A. Tuttle Monique A. Tuttle Attorneys for Defendants HOLLAND & HART LLP 555 Seventeenth Street, Ste. 3200 Post Office Box 8749 Denver, Colorado 80201 Telephone: (303) 295-8000 Facsimile: (303) 295-8261 E- mail: [email protected]

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