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

Case 1:04-cv-00020-MSK-BNB

Document 129-2

Filed 02/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-MK-0020 (BNB) DANA MARTINEZ, individually and on behalf of the minor children as next of kin and parent, JACOB MARTINEZ, a minor, ADAM MARTINEZ, a minor, MICHAEL MARTINEZ, a minor, SAMUEL MARTINEZ, a minor, ISAIAH MARTINEZ, a minor, PATRICE GOMEZ, a minor, GABRIELLE GOMEZ, a minor, ROMAN GOMEZ, a minor, Plaintiffs, v. THE LOCHBUIE POLICE DEPARTMENT, LOCHBUIE POLICE CHIEF JOE SISKAR, in his official and individual capacity, LOCHBUIE POLICE OFFICER MATT CLARK, in his official and individual capacity, LOCHBUIE POLICE OFFICER CONRAD VANEGAS, in his official and individual capacity, LOCHBUIE POLICE OFFICER TOM BACKER, in his official and individual capacity, Defendants. ______________________________________________________________________________ AFFIDAVIT OF GILLIAN M. FAHLSING ______________________________________________________________________________ GILLIAN M. FAHLSING, being first duly sworn, deposes and states as follows: 1. I am an attorney duly licensed to practice law in the State of Colorado. My

principal area of practice is in the defense of claims against public entities and their employees. I am one of two counsel of record for the Defendants in this matter. 2. The costs incurred and associated with Defendants' Motion for Summary

Judgment, Brief in Support thereof, and Reply Brief in Support thereof include fees paid to the

Case 1:04-cv-00020-MSK-BNB

Document 129-2

Filed 02/16/2006

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court reporter for the deposition transcripts of Dana Martinez and Samuel Martinez, which were relied upon in Defendants' motion, as well as copying charges. Defendants paid $1,774.45 to Bruno Reporting Company and incurred copying charges of $447.60 (2,238 pages at $0.20/page), for a total of $2,222.05. [See, October 13, 2004 and October 27, 2004 invoices from Bruno Reporting Company appended hereto as Exhibit A.] 3. The above-listed costs are correct, were necessarily incurred in the filing of

Defendants' Motion for Summary Judgment, and the services for which fees have been charged were actually and necessarily performed. 4. Pursuant to D.C.COLO.LCivR 54.1, the undersigned further states that reasonable efforts have been made to confer with counsel for Plaintiff, Mr. John McKendree, to resolve this issue regarding costs, and if disputed, to set a time to appear before the Clerk for taxation. The undersigned spoke with Mr. McKendree' assistant on February 15 and 16, 2006 regarding same. s Mr. McKendree indicates Plaintiffs will stipulate to $2,222.05 in costs, but at the time of the filing of the Bill of Costs, Mr. McKendree had not indicated a date certain by which Plaintiffs would agree to pay these costs. 5. Also under D.C.COLO.LCivR 54.1, undersigned counsel is required to set a time to appear before the Clerk for taxation, and include the date and time on the Bill of Costs. Undersigned counsel contacted the Clerk and set a date and time for taxation of March 9, 2006 at 9:00 a.m. Mr. McKendree' preference is to appear by telephone, and he wishes to do so if s acceptable by the Court.

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Case 1:04-cv-00020-MSK-BNB

Document 129-2

Filed 02/16/2006

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FURTHER AFFIANT SAYETH NAUGHT.

s/ Gillian M. Fahlsing Gillian M. Fahlsing STATE OF COLORADO COUNTY OF DENVER ) ) ss. )

SUBSCRIBED AND SWORN to before me this 16th day of February, 2006, by Gillian M. Fahlsing.

By_s/ Sheileen C. O' Hayre Notary Public My Commission Expires:_10/16/06____________

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