Free Other Notice - District Court of Arizona - Arizona

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Kathleen L. Wieneke, Bar #011139 Jennifer L. Holsman, Bar #022787 JONES, SKELTON & HOCHULI, P.L.C. 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Telephone: (602) 263-1700 Fax: (602) 200-7858 [email protected] [email protected] Attorneys for Defendants Griffin, Dunn, Lynde and Monson UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Teresa August, et al, Plaintiff, v. The City of Phoenix, et al, Defendant. NO. CV03-1892-PHX-ROS DEFENDANTS' NOTICE OF TAXATION OF COSTS

Defendants Griffin, Dunn, Lynde and Monson hereby give notice to Plaintiff and this Court that pursuant to FED. R. CIV. P. 54 and LR CIV. 54.1, Defendants on this same date have filed their Bill of Costs. After the Court granted Defendants' Motion for Summary Judgment regarding Mark August's claims on September 6, 2006, Defendants filed their Notice of Taxation of Costs on October 3, 2006. The Bill of Costs included deposition costs and transcript fees, filing fees and copying costs related to the defense of Mark August's claims against the Defendants. The Court has not yet entered an Order regarding Defendants' Bill of Costs related to Mr. August's claims. On January 24, 2007, the jury entered a defense verdict regarding Mrs. August's claims against the Defendants. The Clerk entered a final judgment in favor of
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Defendants on February 6, 2007. Because the Court has not yet entered an Order regarding the Bill of Costs filed in the Mark August case, Defendants now submit their Bill of Costs related to the defense of Mrs. August's claims. As the Court will see, there are multiple duplicative requests on Defendants' Bill of Costs for Mrs. August and Mark August. For example, both of Defendants' Bill of Costs include deposition fees and costs for the officer and witness depositions. Defendants have submitted a separate Bill of Costs for each Plaintiff based on the costs expended in defending solely against the claims made by each Plaintiff. Although it is likely that the Plaintiffs will allege that the Defendants are attempting to seek multiple reimbursement for the same costs, that is not the case. Regardless of which Plaintiff the Court issues the costs against, Defendants are entitled to reimbursement of all the costs incurred in defending against both Plaintiffs claims. Accordingly, Defendants separately submit this Bill of Costs related to Mrs. August's claims only. DATED this 7th day of February 2007. JONES, SKELTON & HOCHULI, P.L.C.

By /s/Jennifer L. Holsman Kathleen L. Wieneke Jennifer L. Holsman 2901 North Central Avenue, Suite 800 Phoenix, Arizona 85012 Attorneys for Defendants Griffin, Dunn, Lynde and Monson

Electronically filed and served this 7th day of February, 2007, to: ALL PARTIES ON ELECTRONIC SERVICE LIST

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COPY mailed this same date to: The Hon Rosalyn O. Silver United States District Court Sandra Day O'Connor U.S. Courthouse, Suite 624 401 West Washington Street, SPC 59 Phoenix, Arizona 85003

BY

s/Peggy Sue Trakes

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