Free Memorandum - District Court of Arizona - Arizona

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JOSEPH C. DOLAN, ESQ. (007376) 1650 North 1st Avenue Phoenix, Arizona 85003 (602) 266-7667 Fax (602) 277-9839 Attorney for Plaintiff IN THE UNITED STATES DISTRICT COURT IN AND FOR DISTRICT OF ARIZONA JERRY SIMMS, a single man, Plaintiff, vs STATE FARM FIRE AND CASUALTY COMPANY, an Illinois corporation; ABC CORPORATIONS I-X; JOHN DOES I-X, Defendants. MEMORANDUM IN SUPPORT OF BILL OF COSTS CV-03-1415-PHX-ROS

Pursuant to L. R. Civ. 54.1, plaintiff hereby supplies a memorandum in support of his bills of costs. Reference will be made to the Court approved form entitled "Bill of Costs" submitted herewith. A. Fees of the clerk. Plain and simple, this is the filing fee for the summons and complaint. This was the amount established by court rule. B. Fees of service of summons and subpoena. This item includes the fees for the service of the summons and complaint and the fees for the service of the subpoenas upon the witnesses for deposition and for trial. The backup documents are found in Exhibit 2. These items are specifically enumerated as taxable expenses under L. R. Civ. 54.1(e)(1).

Case 2:03-cv-01415-ROS

Document 210

Filed 08/07/2006

Page 1 of 3

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C. Fees of the court reporter. This item includes all expenses of court reporters throughout discovery and trial. The only trial transcript claimed is the transcript of the deposition of Ron McDonald ($253.20). All of the other costs of court reporters included in this item are for depositions taken during discovery with the exception of one $83.00 charge which was paid to the court reporter for the Court in ordering the transcript of the pretrial conference. D. Fees and disbursements for printing. This amount, found in Exhibit 4, is the amount charged by Xact for recreating duplicate copies of exhibits which were placed in folders and admitted in evidence during the trial. E. Fees for witnesses. This amount includes the statutory amount plus mileage that was paid to all witnesses who attended. Even though plaintiff was billed much higher rate by experts, the amount was limited to the statutory amount allowed under 28 U.S.C. §1821. Marc Beckerman's plane flight and one night of hotel was included in this amount. This is allowed under 28 USC §1821. F. Fees for exemplification and copies of papers. $158.20 was claimed as related to the fees for service of a subpoena duces tecum upon SunBrite so that Sun-Brite's file could be received. This item could be claimed also under item 1, "fees of the clerk." In conclusion, plaintiff requests taxable costs in the amount of $8,993.86.

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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RESPECTFULLY SUBMITTED this 7th day of August, 2006.

By

s/Joseph C. Dolan 007376 JOSEPH C. DOLAN, ESQ. 1650 North 1st Avenue Phoenix, Arizona 85003 Attorney for Plaintiff

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on August 7, 2006, I electronically transmitted the attached document to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: William Phillips, Esq. BROENING OBERG WOODS & WILSON 1122 East Jefferson Phoenix, Arizona 85036 Attorneys for State Farm

I HEREBY CERTIFY that on August 7, 2006 I served the attached document by mailing a copy of the following: Hon. Roslyn Silver United States District Court, Suite 624 401 W. Washington Street Phoenix, Arizona 85003-2158

JOSEPH C. DOLAN

1650 North First Avenue Phoenix, Arizona 85003

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s/Joseph C. Dolan, Esq. 007376 Attorney

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