Case 1:03-cv-02474-WYD-PAC
Document 153
Filed 03/06/2006
Page 1 of 3
AM ENDED BILL OF COSTS
United States District Court
CH ARLOTTE SCH N EID ER and D EAN W Y M ER, Plaintiffs V. LAN D VEST CO RPO RATIO N , a Kansas corporation, and D AVID M A SO N , individually, Defendants. Judgm ent having been entered in the above entitled action on
D ISTRICT O F CO LO RAD O DO CKET NO . 03-CV-02474-W YD -PAC
M AGISTRATE CASE N O .
February 14, 2006
Date
against D efendants
the clerk is requested to tax the following as costs:
BILL OF COSTS
Fees of the clerk ........................................................................................................................................................... Fees for service of sum m ons and com plaint ................................................................................................................ Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ........................ Fees and disbursem ents for printing ............................................................................................................................ Fees for witnesses (item ized on reverse side) .............................................................................................................. Fees for exem plification and copies of papers necessarily obtained for use in the case .............................................. D ocket fees under 28 U .S.C. ยง 1923 ........................................................................................................................... Costs incident to taking of depositions ....................................................................................................................... Costs as shown on M andate of Court of Appeals ........................................................................................................ O ther costs (Please item ize) ........................................................................................................................................ $ 136.00
$ 323.80
$ 1505.00
$ 1137.38
$ 548.25
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$
Please review and comply with D.C.COLO.LCivR .54.1 (See Notice section on reverse side)
$ $ TOTAL $ 3650.43
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 perform ed. A copy hereof was this day m ailed with postage fully prepaid thereon to: Signature s/D onna D ell'O lio of Attorney Print N am e D onna Dell'O lio For: Charlotte Schneider and Dean W ym er Plaintiffs
Name of Claiming Party
Phone N um ber D ate
719.475.1204 03/06/06
*** NO TE: IT IS YOU R RESPON SIBILITY TO SET THE TIM E (ANY TUESDAY , W EDN ESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M .) FOR APPEARANCE BEFO RE TH E CLERK FO R TAXATIO N . AO 133 (Rev 03/02)
Case 1:03-cv-02474-WYD-PAC
Document 153
Filed 03/06/2006
Page 2 of 3
Please take notice that I will appear before the Clerk via telephone Date and Time: Thursday, M arch 16, 2006 at 9:00 a.m. who will tax said costs on the following day and time: Telephone Numbers for Counsel: Ian Kalmanowitz, Counsel for Plaintiffs, 719-475-1204 Stacia Boden, Counsel for Defendant, 316-609-7905 Costs are hereby taxed in the following amount and included in the Amount Taxed judgment: $ (BY) DEPUTY CLERK CLERK OF COURT GREGORY C. LANGHAM DATE:
WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
A TTEN D AN C E TO TA L N A M E A N D R ESID EN C E D ays C ost D ays C ost M iles C ost SU BSISTEN C E TO TA L M IL EA G E TO TA L Total C ost Each W itness
Louise Adolphson, 4480 South Buckley Rd., Aurora , CO 80015 Neil Murray, 3160 Austin Bluffs Parkway, Colorado Springs, CO 80903 John Cramer, 1033 18th Ave., Greeley, CO 80631 Shirley Noe, 9888 E. Vassar Dr., Apt. C0110, Denver, CO 80231 Kathy Murray, 5102 Galley Road #426AW, Colorado Springs, CO 80915 Louise Adolphson, 11068 Tim Tom Way, Parker, Colorado Earl Adolphson, 11068 Tim Tom Way, Parker, Colorado
3/17/04 3/11/04 4/6/04 9/26/05 9/28/05 9/26/05 9/26/05
$40.00 $40.00 $40.00 $40.00 $40.00 $40.00 $40.00
132.02 12.24 264.12 29.60 143.28 55.26 55.26
$50.12 $4.56 $98.88 $11.90 $58.03 $22.38 $22.38
$90.12 $44.56 $138.88 $51.90 $98.03 $62.38 $62.38
TOTAL:$548.25 NOTICE
*** NO TE: IT IS YOU R RESPON SIBILITY TO SET THE TIM E (ANY TUESDAY , W EDN ESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M .) FOR APPEARANCE BEFO RE TH E CLERK FO R TAXATIO N . AO 133 (Rev 03/02)
Case 1:03-cv-02474-WYD-PAC
Document 153
Filed 03/06/2006
Page 3 of 3
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."
*** NO TE: IT IS YOU R RESPON SIBILITY TO SET THE TIM E (ANY TUESDAY , W EDN ESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M .) FOR APPEARANCE BEFO RE TH E CLERK FO R TAXATIO N . AO 133 (Rev 03/02)