Free Motion for Costs - District Court of Colorado - Colorado

Case 1:03-cv-02307-RPM

Document 92

Filed 04/30/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 03-cv-02307-RPM STANLEY C. MOWRY, Plaintiff, vs. UNITED PARCEL SERVICE, INC., Defendant.

DEFENDANT'S MOTION TO REVIEW CLERK'S TAXATION OF COSTS
Defendant United Parcel Service, Inc. ("UPS"), by and through its attorneys Holland & Hart LLP, hereby respectfully submits the following Motion to Review Clerk's Taxation of Costs. 1. By Memorandum and Order Granting Summary Judgment dated March 5,

2007 (the "Order") [Docket No. 84], the Court dismissed with prejudice Plaintiff's claim that UPS committed the tort of wrongful discharge in violation of public policy as recognized in the common law of Colorado. 2. In the Order and in the Final Judgment entered in this case [Docket No. 85],

the Court further ordered that UPS was entitled to its costs. 3. On March 19, 2007, UPS filed its Bill of Costs requesting taxation of

$3,637.72. See Exhibit A, attached hereto.

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4.

A hearing was scheduled for April 19, 2007 before the Deputy Clerk. After

the April 19, 2007 hearing, on April 23, 2007, the Clerk entered an order for $2,190.40. See Exhibit B, attached hereto. The Clerk's order gave UPS only $54.70 of the requested $1,502.02 for fees for exemplification and copies of papers necessarily obtained for use in the case. 5. Pursuant to the direction of the Deputy Clerk and F.R.C.P. 54(d), UPS now

moves this Court to review the taxation of costs against Plaintiff and award UPS all costs reasonably incurred in defense of this action, a total of $3,637.72. 6. Pursuant to F.R.C.P. 54(d), UPS is entitled to recover its costs. Rule 54(d)

provides that costs shall be awarded as a matter of course to the prevailing party unless otherwise ordered by the court. This Court has " sound discretion over the allowance, disallowance or apportionment of costs" in this action. Lacovara v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 102 F.R.D. 959, 960 (E.D. Pa. 1984); see also Mikel v. Kerr, 499 F.2d 1178, 1183 (10th Cir. 1974). In considering the award of costs, a court should make its determination based on the circumstances and equities of each case. Lacovara, 102 F.R.D. at 961. Further, there is a "heavy presumption in favor of awarding costs to the prevailing party." Majeske v. City of Chicago, 218 F.3d 816, 824 (8th Cir. 2000). 7. 28 U.S.C. §1920(4) provides for the taxation of costs of "fees for

exemplification and copies of papers necessarily obtained for use in the case." UPS incurred $1,502.02 in fees for copying of papers necessarily obtained for this case. These charges were itemized in Defendant's March 19, 2007 Bill of Costs, Exhibit A, page 2,

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which shows the amount of copies generated. Such costs were necessarily obtained as they were reasonably necessary to UPS's preparation of its case and should be awarded as such. For the reasons set forth above, UPS respectfully requests that this Court award UPS a total of $3,637.72 in costs, as the prevailing party in this matter.

Dated: April 30, 2007 Respectfully submitted,

s/ Vivian M. Barrios H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Telephone: (303) 295-8028 Fax: (303) 291-9099 E-mail: [email protected] Judith (Jude) A. Biggs HOLLAND & HART LLP One Boulder Plaza 1800 Broadway, Suite 300 Boulder, Colorado 80302 Telephone: (303) 473-2700 Fax: (303) 473-2720 E-mail: [email protected] A TTORNEYS F OR D EFENDANT

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CERTIFICATE OF SERVICE

I hereby certify that on 4/30/2007, I have caused to be electronically filed the foregoing with the Clerk of Court using CM/ECF system which will send notification of such filing to the following e-mail addresses: [email protected]

s/ Vivian M. Barrios H OLLAND & H ART LLP 555 Seventeenth Street, Suite 3200 Post Office Box 8749 Denver, Colorado 80201-8749 Phone: (303) 295-8028 Fax: (303) 291-9099 [email protected] A TTORNEYS F OR D EFENDANT
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