*** NOTE: IT IS YOUR RESPONSIBILITY TO SET THE TIME (ANY TUESDAY, WEDNESDAY, OR THURSDAY AT 8:30 OR 9:00 A.M.) FOR APPEARANCE Case 1:03-cv-02307-RPM Document 87 Filed 03/19/2007 Page 1 of 4 BEFORE THE CLERK FOR TAXATION. AO 133 (Rev 03/02)
BILL OF COSTS
United States District Court
Stanley Mowry V. United Parcel Service
DISTRICT Colorado DOCKET NO.
03-cv-02307-RPM
MAGISTRATE CASE NO.
Judgment having been entered in the above entitled action on
March 5, 2007
Date
against Plaintiff
the clerk is requested to tax the following as costs:
BILL OF COSTS
Fees of the clerk ........................................................................................................................................................... Fees for service of summons and complaint ................................................................................................................ Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case ........................ Fees and disbursements for printing ............................................................................................................................ Fees for witnesses (itemized on reverse side) .............................................................................................................. Fees for exemplification and copies of papers necessarily obtained for use in the case .............................................. Docket fees under 28 U.S.C. § 1923 ........................................................................................................................... Costs incident to taking of depositions ....................................................................................................................... Costs as shown on Mandate of Court of Appeals ........................................................................................................ Other costs (Please itemize) ........................................................................................................................................ $ $ $ $ $ $ $ $ $ $ $ 2,135.70 1,502.02
Please review and comply with D.C.COLO.LCivR .54.1 (See Notice section on reverse side) TOTAL $ 3,637.72
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: Signature of Attorney s/Judith A. Biggs Print Name For: Judith A. Biggs United Parcel Service
Name of Claiming Party
Phone Number Date
303-473-2707 March 19, 2007
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 COURT GREGORY C. LANGHAM
Date and Time: April 12, 2007 at 9:00 a.m. Amount Taxed $ (BY) DEPUTY CLERK DATE:
Case 1:03-cv-02307-RPM
Document 87
Filed 03/19/2007
Page 2 of 4
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02307-RPM STANLEY C. MOWRY, Plaintiff, v. UNITED PARCEL SERVICE, INC., Defendant. _____________________________________________________________________ AFFIDAVIT OF JUDITH A. BIGGS IN SUPPORT OF DEFENDANT'S BILL OF COSTS _____________________________________________________________________ Judith A. Biggs, being duly sworn upon oath, states as follows: 1. I am a Partner at the law firm of Holland & Hart LLP, in Denver, Colorado, and serve
as legal counsel to United Parcel Service ("UPS") in the above-captioned matter. 2. I have prepared the Defendant's Bill of Costs, after reviewing billing information for
this case. I certify that the costs incurred were necessary to prepare the defense for UPS in this civil action and were necessarily and reasonably incurred. 3. 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. 4. 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.
Case 1:03-cv-02307-RPM
Document 87
Filed 03/19/2007
Page 3 of 4
Fees for Court Reporter UPS is entitled to the fees of the court reporter for any stenographic transcript necessarily obtained for use in the case. 28 U.S.C. § 1920(2). The following depositions were taken in this case and the following court reporter and transcript fees were incurred with respect to each deposition: Deponent Stanley Mowry Stanley Mowry Total Court Reporter Date of Deposition 2/4/2006 4/7/2006 Cost 1,599.90 535.80 2,135.70
Each of these depositions was necessarily obtained for use in this case. Fees and Disbursements For Copies UPS is also entitled to fees and disbursements for exemplification and copies of papers necessarily obtained for use in the case. 28 U.S.C. § 1920(4). Defendant incurred the following charges for exemplification and copies of papers that were necessarily obtained for use in this case:
Item 13,053 copies @$0.10/page Outside copying services (Flatiron Document Support). Outside copying services (Flatiron Document Support). Total Copying Cost 2
Date various 1/13/2006 4/3/2006
Cost $1,305.30 132.54 $64.18 $1,502.02
Case 1:03-cv-02307-RPM
Document 87
Filed 03/19/2007
Page 4 of 4
Thus, the total copying costs are $1,502.02. Therefore, Defendant respectfully requests an award of costs as follows: Fees for court reporter: Copying charges: Total $2,135.70 $1,502.02 $3,637.72
FURTHER AFFIANT SAYETH NOT.
s/ Judith A. Biggs_________________ Judith A. Biggs STATE OF COLORADO COUNTY OF BOULDER ) ) ss. )
Subscribed and sworn to before me this 19th day of March, 2007, by Judith A. Biggs. Witness my hand and official seal.
s/ Resa Haskell_________________ Notary Public My commission expires: 11/23/2010
3684131_1.DOC
3