HomeMy WebLinkAbout2021-cv-2063 - City of Fort Collins v. Open International, et al. - 366 - Bill of Costs TaxedCase No. 1:21-cv-02063-CNS-SBP Document 337 filed 04/09/24 USDC Colorado pg 1 of 2
________
$7,091.20
$73,704.81
_________
________
$115,345.40
Awarded
115,345.40
s/Amelia A. Dubois
Clerk's note: Costs taxed by Clerk in the amount of $115,345.40 in favor of Plaintiff City of
Fort Collins and against Defendants.
JUL. 24, 2024
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 1 of
16
Case No. 1:21-cv-02063-CNS-SBP Document 337 filed 04/09/24 USDC Colorado pg 2 of 2
Awarded
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 2 of
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EXHIBIT A TO BILL OF COSTS OF THE CITY OF FORT COLLINS
Case No. 1:21-CV-02063-CNS-SBP
Itemization of Costs Requested Pursuant to 28 U.S.C. § 1920
Fees for Printed or Electronically Recorded
Transcripts Necessarily Obtained for Use in the Case
1. Fees for Hearing Transcript of Official Court Reporter,
Sarah K. Mitchell, on 7/10/23 (used in support of Plaintiff's
7/24/23 Brief Opposing Open's Request for an Early
Election of Remedies [Dkt. 233], Open's 9/15/23
Opposition to the City's Motion in Limine [Dkt. 242], the
City of Fort Collins's 9/15/23 Response to Open's Motion
in Limine [Dkt. 243], Plaintiff's 9/22/23 Partially
Unopposed Motion to Allow the Remote Video Testimony
of Michelle Frey, PHD and Colman Keane [Dkt. 247],
Plaintiff's 9/27/23 Trial Brief [Dkt. 257], and Plaintiff's
12/8/23 Closing Brief [Dkt. 315]), (see Invoice dated
7/18/23, attached as Exhibit A-1.)
See 28 U.S.C. § 1920; Nero v. Amer. Fam. Mutual Ins.
Co., No. 11-CV-02717-PAB-MJW, 2013 WL 5323262, at
*5 (D. Colo. Sept. 23, 2013).
$110.50
2. Fees for Hearing Transcript of Official Court Reporter,
Sarah K. Mitchell, on 10/13/23 (used in support of
Plaintiff's 12/22/23 Response to Defendants' Motion for
Judgment Under Rule 52(c) and Brief Regarding Remedy
of Rescission [Dkt. 320]), (see Invoice dated 10/15/23,
attached as Exhibit A-2.)
See 28 U.S.C. § 1920; Nero v. Amer. Fam. Mutual Ins.
Co., No. 11-CV-02717-PAB-MJW, 2013 WL 5323262, at
*5 (D. Colo. Sept. 23, 2013).
$72.00
3. Fees for Hearing Transcript of Official Court Reporter,
Sarah K. Mitchell, on 9/29/23 (used to draft jury
instructions and make arguments in support thereof), (see
Invoice dated 10/2/23, attached as Exhibit A-3.)
See 28 U.S.C. § 1920; Nero v. Amer. Fam. Mutual Ins.
Co., No. 11-CV-02717-PAB-MJW, 2013 WL 5323262, at
*5 (D. Colo. Sept. 23, 2013).
$294.30
Case No. 1:21-cv-02063-CNS-SBP Document 337-1 filed 04/09/24 USDC Colorado pg 1of 8
$0.00
Not awarded.
See Clerk's
note #1.
$0.00
Not awarded.
See Clerk's
note #2.
Clerk's note #1: Clerk could not locate a citation for the Hearing Transcript in the
referenced pleading.
Clerk's note # 2: "Court hearing transcripts are often taken to assist practitioners with
keeping track of a myriad of court rulings on pending motions, discovery matters, trial
practices, or jury instructions. If a transcript is ordered to assist counsel in understanding
what the court has ordered, counsel can take notes themselves or assign staff to do so –
but a printed court transcript is not “necessarily obtained” in the sense of § 1920. Use of a
transcript for those purposes is a matter of “convenience of counsel” and the clerk
exercises discretion and declines awards on this basis." Hearing Officer's Guide to Bills
of Costs, p. 26.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 3 of
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4. Fees for Trial Transcript of Official Court Reporter, Sarah
K. Mitchell, from 10/23/23 to 11/3/23 (used in support of
Plaintiff's 12/8/23 Closing Brief [Dkt. 315] and Plaintiff's
12/22/23 Response to Defendants' Motion for Judgment
Under Rule 52(c) and Brief Regarding Remedy of
Rescission [Dkt. 320]), (see Invoice dated 12/6/23,
attached as Exhibit A-4.)
See 28 U.S.C. § 1920; Nero v. Amer. Fam. Mutual Ins.
Co., No. 11-CV-02717-PAB-MJW, 2013 WL 5323262, at
*5 (D. Colo. Sept. 23, 2013).
$2,095.00
5. Fees for Hearing Transcript of Official Court Reporter,
Sarah K. Mitchell, on 11/17/23 (used in support of
Plaintiff's 12/8/23 Closing Brief [Dkt. 315] and Plaintiff's
12/22/23 Response to Defendants' Motion for Judgment
Under Rule 52(c) and Brief Regarding Remedy of
Rescission [Dkt. 320]), (see Invoice dated 11/21/23,
attached as Exhibit A-5.)
See 28 U.S.C. § 1920; Nero v. Amer. Fam. Mutual Ins.
Co., No. 11-CV-02717-PAB-MJW, 2013 WL 5323262, at
*5 (D. Colo. Sept. 23, 2013).
$134.00
6. Fees for daily Realtime Transcripts of Official Court
Reporter, (used in support of oral motions and closing
arguments during trial), (see Invoice dated 11/6/23,
attached as Exhibit A-6.)
See 28 U.S.C. § 1920
$4,751.70
Total: $7,277.50
Case No. 1:21-cv-02063-CNS-SBP Document 337-1 filed 04/09/24 USDC Colorado pg 2of 8
$7,091.20 Awarded
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 4 of
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EXHIBIT C TO BILL OF COSTS OF THE CITY OF FORT COLLINS
Case No. 1:21-CV-02063-CNS-SBP
Itemization of Costs Requested Pursuant to 28 U.S.C. § 1920
Fees for exemplification and copies of papers
necessarily obtained for use in the case
1. Fees for printing and binding copies of trial exhibits on
10/19/23 (see Invoice dated 10/19/23, attached as
Exhibit C-1.)
See 28 U.S.C. 1920; In re Williams Securities
Litigation- WCG Subclass, 558 F.3d 1144 (10th Cir.
2009); Mitchell v. City of Moore, 218 F. 3d 1190
(2000).
$7,559.05
2. Fees for printing and binding copies of trial exhibits on
10/19/23 (see Invoice dated 10/19/23, attached as
Exhibit C-2.)
See 28 U.S.C. 1920; In re Williams Securities
Litigation- WCG Subclass, 558 F.3d 1144 (10th Cir.
2009); Mitchellv. City of Moore, 218 F. 3d 1190
(2000).
$16,375.11
3. Copying fees for converting native files to TIFF, from
December 2021 to June 2023 (See Billing Backup
Memo, attached as Exhibit C-3).
See Comprehensive Addiction Treatment Ctr., Inc. v.
Leslea, Civil Action No. 11-cv-03417-CMA-MJW, 2015
U.S. Dist. LEXIS 17878, at *5-6 (D. Colo. Feb. 13,
2015).
$7,696.52
Total: $31,600.68
Case No. 1:21-cv-02063-CNS-SBP Document 337-3 filed 04/09/24 USDC Colorado pg 1of 5
Awarded
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 5 of
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EXHIBIT D TO BILL OF COSTS OF THE CITY OF FORT COLLINS
Case No. 1:21-CV-02063-CNS-SBP
Itemization of Costs Requested Pursuant to 28 U.S.C. § 1920
Costs Incident to Taking Depositions
1. Deposition Transcript of Diego Lopez, taken on 8/5/22
(witness testified at trial), (see Invoices dated 8/19/22 and
10/11/23, attached as Exhibit D-1.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$3,004.66
2. Deposition Videotape services of Diego Felipe Lopez Gaviria
(a/k/a Diego Lopez), taken on 8/5/22 (witness testified at
trial), (see Invoices dated 8/29/22 and 10/11/23, attached as
Exhibit D-2.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,957.50
3. Deposition Transcript of Diego Lopez, taken on 9/23/22
(witness testified at trial; testimony cited in and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156]), (see Invoices dated 10/11/22
and 10/11/23, attached as Exhibit D-3.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,291.10
4. Deposition Videotape services of Diego Felipe Lopez Gaviria
(a/k/a Diego Lopez), taken on 9/23/22 (witness testified at
trial), (see Invoices dated 10/13/22, attached as Exhibit D-4.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,036.25
5. Deposition Transcript of Jairo Contreras, taken on 8/4/22
(witness testified at trial), (see Invoice dated 8/19/22 and
10/11/23, attached as Exhibit D-5.)
$3,450.36
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 1of 100
$2,494.66
AwardedSee Clerk's
note #3.
Clerk's note #3: "The clerk limits the total award of all deposition transcripts by eliminating expedited,
realtime, and rough draft charges, as such charges tend to be for counsel's convenience, unless there is
a demonstrated need..." Hearing Officer's Guide to Bills of Costs, p. 33.
$0.00
Not
awarded.See Clerk's
note #4 on
next page.
$1,949.10
AwardedSee Clerk's
note #3.
$0.00
Not
awarded.See Clerk's
note #4 on
next page.
$2,904.36
AwardedSee Clerk's
note #3
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 6 of
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See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
6. Deposition Videotape services of Jairo Contreras, taken on
8/4/22 (witness testified at trial), (see Invoice dated 8/24/22,
attached as Exhibit D-6.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,955.00
7. Deposition Transcript of Juan Corredor, taken on 8/25/22
(witness testified at trial; testimony cited and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156]), (see Invoices dated 9/12/22
and 10/11/23, attached as Exhibit D-7.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$4,081.30
8. Deposition Videotape services of Juan Corredor, taken on
8/25/22 (witness testified at trial), (see Invoices dated 9/6/22
and 8/31/23, attached as Exhibit D-8.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,475.50
9. Deposition Transcript of Hernando Parrott, taken on 9/20/22,
(witness testified at trial; testimony cited in and attached to
Plaintiff the City of Fort Collins’ 12/19/22 Motion for Summary
Judgment [Dkt. 124]), (see Invoices dated 9/22/22, 10/6/22,
and 10/11/23, attached as Exhibit D-9.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$3,926.75
10. Deposition Videotape services of Hernando Parrott, taken on
9/20/22 (witness testified at trial), (see Invoices dated
10/11/22, attached as Exhibit D-10.)
$2,980.00
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 2of 100
Clerk's note #4: Per p. 31 of the Hearing Officer's Guide to Bills of Costs, "[t]he prevailing party must
present a legitimate reason as to why both video and steno deposition costs were incurred - the costs
of both a stenographic transcript and a videotape of the same deposition are recoverable if each
iteration has “a legitimate use independent from or in addition to the [other] which would justify its
inclusion in an award of costs.” Medina v. Catholic Health Initiatives, No. 13-01249-REB-KLM, 2017 WL
219314, at *4 (D. Colo. Jan. 17, 2017) (referencing Tilton)".
$0.00
Not
awarded.See Clerk's
note #4.
$3,203.30
AwardedSee Clerk's
note #3 on
previous
page.
$0.00
Not
awarded.See Clerk's
note #4.
$3,378.75
AwardedSee Clerk's
note #3 on
previous
page.
$0.00
Not
awarded.
See Clerk's
note #4.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 7 of
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See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
11. Deposition Transcript of Hernando Parrott, taken on 9/22/22
(witness testified at trial; testimony cited in and attached to
Plaintiff the City of Fort Collins’ 12/19/22 Motion for Summary
Judgment [Dkt. 124] and Plaintiff’s Response to Defendants’
Motion for Partial Summary Judgment [Dkt. 156]), (see
Invoices dated 10/11/22 and 10/11/23, attached as Exhibit
D-11.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$4,424.10
12. Deposition Videotape services of Hernando Parrott, taken on
9/22/22 (witness testified at trial), (see Invoices dated
10/13/22 and 12/19/22, attached as Exhibit D-12.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$4,341.97
13. Deposition Transcript of Hernando Parrott, taken on 12/2/22
(witness testified at trial; testimony cited in and attached to
Plaintiff the City of Fort Collins’ 12/19/22 Motion for Summary
Judgment [Dkt. 124] and Plaintiff’s Reply in Support of Motion
for Summary Judgment [Dkt. 184]), (see Invoices dated
12/21/22 and 10/11/23, attached as Exhibit D-13.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,935.10
14. Deposition Videotape services of Hernando Parrott, taken on
12/2/22 (witness testified at trial), (see Invoices dated
12/21/22, attached as Exhibit D-14.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,483.00
15. Deposition Transcripts of Juan Corredor and William
Corredor, taken on 9/21/22 (witnesses testified at trial;
testimony cited in and attached to Plaintiff’s Response to
$4,854.70
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 3of 100
$3,503.85
AwardedSee Clerk's
note #3.
$0.00
Not
awarded.
See Clerk's
note #4 on
previous
page.
$1,671.10
AwardedSee Clerk's
note #3.
$0.00
Not
awarded.
See Clerk's
note #4 on
previous
page.
$4,076.70
AwardedSee Clerk's
note #3.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 8 of
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Defendants’ Motion for Partial Summary Judgment [Dkt.
156]), (see Invoice dated 9/29/22, 10/10/22, and 10/11/23,
attached as Exhibit D-15.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
16. Deposition Videotape services of Juan Corredor and William
Corredor, taken on 9/21/22 (witnesses testified at trial), (see
Invoice dated 10/12/22, attached as Exhibit D-16.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$3,203.75
17. Deposition Transcript of William Corredor, taken on 9/23/22
(witness testified at trial), (see Invoice dated 10/11/22 and
10/11/23, attached as Exhibit D-17.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,481.50
18. Deposition Videotape services of William Corredor, taken on
9/23/22 (witness testified at trial), (see Invoice dated
10/12/22, attached as Exhibit D-18.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,107.50
19. Deposition Transcript of Thomas Hickmann, taken on
12/12/22 (witness testified at trial), (see Invoices dated
12/28/22 and 10/11/23, attached as Exhibit D-19.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,047.75
20. Deposition Videotape services of Thomas Hickmann, taken
on 12/12/22 (witness testified at trial), (see Invoices dated
12/19/22 and 8/30/23, attached as Exhibit D-20.)
$1,591.75
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 4of 100
$0.00
Not
awarded.
See Clerk's
note #4.
$1,358.30
AwardedSee Clerk's
note #3.
$0.00
Not
awarded.
See Clerk's
note #4.
$1,683.75
AwardedSee Clerk's
note #3.
$0.00
Not
awarded.See Clerk's
note #4.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 9 of
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See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
21. Deposition Transcript of Dwayne Bishop, taken on 7/26/22
(witness testified at trial via deposition; testimony cited in and
attached to Plaintiff’s Response to Defendants’ Motion for
Partial Summary Judgment [Dkt. 156]), (see Invoice dated
8/10/22 and 10/11/23, attached as Exhibit D-21.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$3,755.73
22. Deposition Videotape services of Dwayne Bishop, taken on
7/26/22 (witness testified at trial via deposition), (see Invoices
dated 8/1/22 and 8/31/23), attached as Exhibit D-22.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,653.41
23. Deposition Transcript of Edith Mercado, taken on 7/28/22
(witness appears on the Final Pretrial Order witness list [Dkt.
230]; testimony cited in and attached to Plaintiff’s Response
to Defendants’ Motion for Partial Summary Judgment [Dkt.
156]), (see Invoices dated 8/16/22 and 10/11/23, attached as
Exhibit D-23.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$4,147.05
24. Deposition Transcript of Luis Diego Correa (a/k/a Diego
Correa), taken on 8/23/22 (witness appears on the Final
Pretrial Order witness list [Dkt. 230]; testimony cited in and
attached to Plaintiff’s Response to Defendants’ Motion for
Partial Summary Judgment [Dkt. 156]), (see Invoices dated
9/8/22 and 10/11/23, attached as Exhibit D-24.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,984.65
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 5of 100
$3,142.00
AwardedSee Clerk's
note #3.
$2,594.00
AwardedSubtracted
the interest
fee of
$59.41.
$3,529.05
AwardedSee Clerk's
note #3.
$2,508.65
See Clerk's
note #3.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 10 of
16
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25. 1. Deposition Transcript of Juan Pablo Nunez Gutierrez,
taken on 10/18/22 (witness appears on the Final Pretrial
Order witness list [Dkt. 230]), (see Invoices dated 11/4/22
and 10/11/23, attached as Exhibit D-25.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
2.Interpreter services for Deposition of Juan Pablo Nunez,
taken on 10/18/22 (witness appears on the Final Pretrial
Order witness list [Dkt. 230]), (see Invoices dated 9/28/22
and 10/19/22, attached as Exhibit D-26.)
See also 28 U.S.C. § 1920; Taniguchi v. Kan Pac. Saipan,
Ltd., 566 U.S. 560, 562 (2012); Alcohol Monitoring Sys., Inc.
v. ActSoft, Inc., No. 07-CV-02261-PAB-MJW, 2012 WL
4356210, at *3 (D. Colo. Sept. 24, 2012).
$3,154.35
26. 1. Deposition Transcript of Pedro Ordonez, taken on
10/14/22 (witness appears on the Final Pretrial Order
witness list [Dkt. 230]; testimony cited in and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156]), (see Invoices dated
11/1/22 and 10/11/23, attached as Exhibit D-27.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
2.Interpreter services for Deposition of Pedro Ordonez,
taken on 10/14/22 (witness appears on the Final Pretrial
Order witness list [Dkt. 230]), (see Invoice dated 10/17/22,
attached as Exhibit D-28.)
See also 28 U.S.C. § 1920; Taniguchi v. Kan Pac. Saipan,
Ltd., 566 U.S. 560, 562 (2012); Alcohol Monitoring Sys., Inc.
v. ActSoft, Inc., No. 07-CV-02261-PAB-MJW, 2012 WL
4356210, at *3 (D. Colo. Sept. 24, 2012).
$3,533.60
27. Deposition Transcript of Peter Schulman, taken on 12/30/22
(Defendants’ expert who Plaintiff City of Fort Collins’ expert,
Ronald Seigneur, rebutted at trial), (see Invoices dated
1/18/23 and 10/11/23, attached as Exhibit D-29.)
$3,212.75
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 6of 100
$2,854.35
AwardedSee Clerk's
note #3.
$3,156.60
AwardedSee Clerk's
note #3.
$2,708.75
AwardedSee Clerk's
note #3.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 11 of
16
7
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
28. Deposition Videotape services of Peter Schulman, taken on
12/30/22 (Defendants’ expert who Plaintiff City of Fort Collins’
expert, Ronald Seigneur, rebutted at trial), (see Invoice dated
1/20/23, attached as Exhibit D-30.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,735.50
29. Deposition Transcript of John Hutchinson, taken on 12/9/22
(witness appears on the Final Pretrial Order witness list [Dkt.
230]; Defendants’ expert who Plaintiff City of Fort Collins’
expert, Jon Brock, rebutted at trial), (see Invoices dated
2/3/23 and 10/11/23, attached as Exhibit D-31.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,147.50
30. Exemplification expense for Deposition Video editing of
depositions of Dwayne Bishop, Juan Corredor, William
Corredor, Diego Lopez, and Hernando Parrot (testimony used
by City of Fort Collins at trial for witness testimony and
impeachment), (see Invoice dated 9/1/23, attached as
Exhibit D-32.)
See 28 U.S.C. § 1920; Hetronic Int’l, Inc. v. Hetronic
Germany GmbH, No. 21-6019, 2021 U.S. App. LEXIS 32371,
at *8-9 (10th Cir. Oct. 29, 2021).
$638.23
31. Deposition Transcript of Michael Neil Beckstead, taken on
7/12/22 (witness testified at trial), (see Invoice dated 7/29/22,
attached as Exhibit D-33.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,675.00
32. Deposition Transcripts of Colman Keane, taken on 7/13/22
(witness testified at trial), (see Invoices dated 7/27/22,
attached as Exhibit D-34.)
$906.80
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 7of 100
$0.00
Not
awarded.
See Clerk's
note #4.
$87.99
AwardedSee Clerk's
note #5.
Clerk's note #5: due to the Clerk awarding costs for the Deposition Video of Dwayne
Bishop but none of the other witnesses listed in line item #30, the Clerk will award $87.99
for the editing of Dwayne Bishop's Deposition Video and declines to award costs for the
rest of the witnesses listed.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 12 of
16
8
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
33. Deposition Videotape services of Colman Keane, taken on
7/13/22 (witness testified at trial), (see Invoice dated 8/30/23,
attached as Exhibit D-35.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$235.00
34. Deposition Transcripts of Colman Keane, taken on 7/15/22
(witness testified at trial), (see Invoices 8/3/22, attached as
Exhibit D-36.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$975.40
35. Deposition Videotape services of Colman Keane, taken on
7/15/22 (witness testified at trial), (see Invoice dated 8/30/23,
attached as Exhibit D-37.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$235.00
36. Deposition Transcript of Gerry Paul, taken on 7/25/22
(witness testified at trial; testimony cited in and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156] and Plaintiff’s Reply in Support
of Motion for Summary Judgment [Dkt. 184]), (see Invoice
dated 8/8/22, attached as Exhibit D-38.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,665.85
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 8of 100
$0.00
Not
awarded.
$0.00
Not
awarded.
See Clerk's
note #4.
See Clerk's
note #4.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 13 of
16
9
37. Deposition Transcripts of the City’s Rule 30(b)(6) witnesses,
Coy Althoff, Gerald Paul, Mona Walder, and Travis Storin,
taken on 10/5/22 (Gerald Paul, Mona Walder, and Travis
Storin testified at trial; Gerald Paul, Mona Walder, and Travis
Storin’s testimony cited in and attached to Plaintiff’s
Response to Defendants’ Motion for Partial Summary
Judgment [Dkt. 156]; Coy Althoff appears on the Final Pretrial
Order witness list [Dkt. 230]), (see Invoice dated 10/29/22,
attached as Exhibit D-39.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$3,326.70
38. Deposition Transcripts of Dr. Michelle Frey, taken on
10/12/22 (witness testified at trial; testimony cited in and
attached to Plaintiff’s Response to Defendants’ Motion for
Partial Summary Judgment [Dkt. 156]), (see Invoice dated
10/27/22, attached as Exhibit D-40.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,507.10
39. Deposition Transcripts of the City’s Rule 30(b)(6) witness,
Lisa Rosintoski, taken on 10/6/22 (witness testified at trial;
testimony cited in and attached to Plaintiff’s Response to
Defendants’ Motion for Partial Summary Judgment [Dkt.
156]), (see Invoices dated 10/26/22, attached as Exhibit D-
41.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$4,220.20
40. Deposition Transcript of Aaron McClune, taken on 10/19/22
(witness testified at trial), (see Invoice dated 11/3/22,
attached as Exhibit D-42.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,690.25
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 9of 100
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 14 of
16
10
41. Deposition Transcript of Gregory Galluzzi, taken on 11/10/22
(witness testified at trial; testimony cited in and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156]), (see Invoices dated 12/2/22
and 12/22/22, attached as Exhibit D-43.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,070.85
42. Deposition Transcript of Jon Brock, taken on 12/13/22
(Plaintiff’s expert who rebutted Defendants’ expert, John
Hutchinson, at trial), (see Invoice dated 12/29/22, attached as
Exhibit D-44.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,129.85
43. Deposition Transcripts of Travis Storin, taken on 7/17/23
(witness testified at trial; testimony cited in and attached to
Plaintiff’s Response to Defendants’ Motion for Partial
Summary Judgment [Dkt. 156]), (see Invoice dated 8/2/23,
attached as Exhibit D-45.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$966.50
44. Deposition Transcript of Coy Althoff, taken on 6/23/22
(witness appears on the Final Pretrial Order witness list [Dkt.
230]), (see Invoice dated 7/11/22, attached as Exhibit D-46.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,303.20
45. Deposition Transcript of Lori Aileen Clements, taken on
6/30/22 (witness appears on the Final Pretrial Order witness
list [Dkt. 230]), (see Invoice dated 7/19/22, attached as
Exhibit D-47.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$1,303.20
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 10of 100
$1,302.05
AwardedReduced to
match
invoice.
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 15 of
16
11
46. Deposition Transcript of Theresa Connor, taken on 7/29/22
(witness appears on the Final Pretrial Order witness list [Dkt.
230]), (see Invoice dated 8/17/22, attached as Exhibit D-48.)
See 28 U.S.C. 1920; In re Williams Securities Litigation-WCG
Subclass, 558 F.3d 1144 (10th Cir. 2009); Mitchell v. City of
Moore, 218 F. 3d 1190 (10th Cir. 2000).
$2,012.30
Total:
$110,747.81
Case No. 1:21-cv-02063-CNS-SBP Document 337-4 filed 04/09/24 USDC Colorado pg 11of 100
$73,704.81
Awarded
Case No. 1:21-cv-02063-CNS-SBP Document 366 filed 07/24/24 USDC Colorado pg 16 of
16