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

Case 1:03-cv-02633-PSF-PAC

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Filed 12/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02633-PSF-PAC LILLIAN BARTON, Plaintiff, v. OFFICER R. BLEY, Badge No. 99006 OFFICER N. SAGEN, Badge No. 96-021 OFFICER JOHN DOE Defendants. and Civil Action No. 04-cv-319-PSF-PAC LILLIAN BARTON, Plaintiff, v. RICHARD BLEA NICK SAGAN JOSH VASCONCELLOS Defendants. ______________________________________________________________________________ BILL OF COSTS ______________________________________________________________________________ Judgment having been entered in the above entitled action on November 21, 2006 against Plaintiff, the clerk is requested to tax the following as costs:

Case 1:03-cv-02633-PSF-PAC

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BILL OF COSTS Fees for the Clerk ......................................................................................................... $0.00 Fees for service of summons and complaint .................................................................. $0.00 Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ........................................................................................... $0.00 Fees and disbursements for printing .............................................................................. $0.00 Fee for witnesses (itemized on attached page) ............................................................. $50.30 Fees for exemplification and copies of papers necessarily obtained for use in the case: (Trial Exhibits: 808 x $.20) .......................................................................... $161.60 (copies of MSJ, PL response + exhibits, Def reply + exhibits) ....................... $139.80 Docket fees under 28 U.S.C. § 1923.............................................................................. $0.00 Costs incident to taking of depositions (See attached) .............................................$1,474.26 Costs as shown on Mandate of Court of Appeals........................................................... $0.00 Other costs (Please itemize) .......................................................................................... $0.00 TOTAL..........$1,825.96

Please take notice that I will appear before the Clerk who will tax said costs on the following day and time: Costs are hereby taxed in the following amount and included in the judgment: CLERK OF THE COURT GREGORY C. LANGHAM

Date and Time: December 21, 2006 at 9:00 a.m. Amount Taxed $ (BY) DEPUTY CLERK DATE

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

Tahnee Castaneda

1

40.00

22

10.30 TOTAL

50.30 $50.30

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Case 1:03-cv-02633-PSF-PAC

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COSTS INCIDENT TO TAKING DEPOSITIONS1 Date 08/02/05 08/02/05 TOTAL Deponent(s) Lillian Barton Larry Gomba Vendor Bruno Reporting Co. Bruno Reporting Co. Amount $1,021.05 453.20 $1,474.25

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 provision therefor 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' notice. On motion served within 5 days thereafter, the action of the clerk may be reviewed by the court." s D.C. Colo. LR 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. If costs are resolved, a stipulation setting forth the amount of costs shall be filed with the court."

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See attached bills.

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Case 1:03-cv-02633-PSF-PAC

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______________________________________________________________________________ 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: A. Thomas Elliott, Esq. A. Thomas Elliott, Jr., P.C. 1816 Race Street Denver, Colorado 80206

/s Sonja S. McKenzie Sonja S. ScKenzie

/s Brett A. McDaniel Brett A. McDaniel SENTER GOLDFARB & RICE, L.L.C. 1700 Broadway, Suite 1700 Denver, CO 80290 Telephone: (303) 320-0509 FAX: (303) 320-0210 E-mail: [email protected] Attorney for Defendants Gerald Whitman, City and County of Denver, Officer Richard Blea, Officer Nick Sagan, Chris Ramsey, Mayor John Hickenlooper, Rudy Sandoval, Wellington Webb, J. Wallace Wortham, Jr. and Officer Josh Vasconcellos

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Case 1:03-cv-02633-PSF-PAC

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Filed 12/06/2006

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 6th day of December 2006, I electronically filed a true and correct copy of the above and foregoing proposed BILL OF COSTS with the Court using the CM/ECF system, which will send notification of such filing to the following e-mail address: A. Thomas Elliott, Jr. [email protected] I FURTHER CERTIFY that I have mailed said proposed BILL OF COSTS to the following non-CM/ECF participant by U.S. Mail, first class postage prepaid: John Eckhardt, Esq. Assistant City Attorney 201 West Colfax Ave., Dept. 1207 Denver, CO 80202-5375

s/ Kathleen Bertz

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