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Richard Dishman v. Thomas Cleary

January 5, 2012

RICHARD DISHMAN, PLAINTIFF,
v.
THOMAS CLEARY, KEITH DEITELHOFF, AND MARK CAMPBELL, DEFENDANTS.



The opinion of the court was delivered by: Magistrate Judge Morton Denlow

MEMORANDUM OPINION AND ORDER

I. BACKGROUND FACTS

Defendants Thomas Cleary, Keith Deitelhoff, and Mark Campbell (collectively "Defendants") prevailed in this jury trial when the jury returned a verdict in their favor and this Court entered a judgment on the verdict on September 2, 2011. Dkts. 207-08. The Court awarded court costs in favor of Defendants and against Plaintiff. Id. Defendants submitted their Bill of Costs requesting $10,944.87 and Plaintiff Richard Dishman ("Plaintiff") submitted objections. For the following reasons, the Court awards Defendants $10,555.66 in court costs.

A. DEFENDANTS' BILL OF COSTS AND PLAINTIFF'S OBJECTIONS.

In their Bill of Costs, Defendants request $10,944.87. Specifically, Defendants request $1,332.62 for subpoena service costs; $7,746.10 for transcript costs; $176.00 for witness fees; $852.60 for exemplification and copies of paper; and $837.55 in other costs.

Defendants' request for $1,332.62 for service of subpoenas includes:

* Service of subpoena to Howard Glick ($55.00 for basic service $45.00 witness fee advance= $100.00);

* Service of subpoena to Chip Cain ($55.00 for basic service $45.00 witness fee advance = $100.00);

* Service of subpoena to Dr. Christopher Stark ($55.00 for basic service $50.67 witness fee advance = $105.67);

* Service of subpoena to Dunn Safety Products ($55.00 for basic service $40.00 fee advance = $95.00);

* Service of subpoena to Christ Hospital ($55.00 for basic service $40.00 fee advance = $95.00);

* Service of subpoena to Darrence Reid ($55.00 for basic service $48.00 witness fee advance $8.00 fuel charge = $111.00);

* Service of subpoena to Miranda Teague ($55.00 for basic service $48.00 witness fee advance = $103.00);

* Service of subpoena to Arnetta Britten ($55.00 for basic service $48.00 witness fee advance = $103.00);

* Service of subpoena to Clarence Britton ($55.00 for basic service $51.95 witness fee advance $8.00 fuel charge = $114.95);

* Service of subpoena to Marquincy Teague ($55.00 for basic service $45.00 witness fee advance $4.00 fuel charge = $104.00);

* Service of subpoena to Shoshana Aldridge ($55.00 for basic service $45.00 witness fee advance = $100.00);

* Service of subpoena to Trinity Dishman ($55.00 for basic service $45.00 witness fee advance $4.00 fuel charge = $104.00); and

* Service of subpoena to Christ Hospital ($55.00 for basic service $40.00 witness fee advance $2.00 fuel charge = $97.00).

Defendants' request for $176.00 for witness fees includes:

* Charles M. Baum ($40.00 attendance fee $3.00 travel allowance = $43.00);

* Holy Cross Hospital ($40.00 attendance fee $3.00 travel allowance = $43.00);

* Holy Cross Hospital ($40.00 attendance fee $5.00 travel allowance = $45.00); and

* Tom Kwan ($40.00 attendance fee $5.00 travel allowance = $45.00).

The court reporter and transcript costs include numerous deposition and hearing transcripts which total $7,746.10. Defendants itemized these costs as follows:

* One cancelled deposition ($70.00 attendance fee);

* Transcript of Derrence Reid's deposition testimony ($70.00 attendance fee (59 pages x $3.25) = $261.75);

* Transcript of Clarence Britten's deposition testimony ($70.00 attendance fee (115 pages x $3.65) = $489.75);

* Transcript of Maranda Teague's deposition testimony ($70.00 attendance fee (64 pages x $3.65) = $303.60);

* Transcript of Arnetta Britten's deposition testimony ($70.00 attendance fee (106 pages x $3.65) = $456.90);

* Transcript of Plaintiff Richard Dishman's deposition testimony ($70.00 attendance fee (337 pages x $3.65) = $1,300.05);

* Transcript of Marquincy Teague's deposition testimony ($70.00 attendance fee (68 pages x $3.25) = $291.00);

* Transcript of Shoshana Aldridge's deposition testimony ($70.00 attendance fee (63 pages x $3.25) = $274.75);

* Copy of Thomas Cleary's deposition transcript ($70.00 attendance fee (200 pages x $.90) = $250.00);

* Transcript of Andrew Ohlson's deposition testimony (74 pages x $3.40 = $251.60);

* Transcript of Mark Campbell's deposition testimony (99 pages x $3.40 = $336.60);

* Transcript of David Dimoff's deposition testimony (93 pages x $3.65 = $339.45);

* Transcript of Eddie Haynie's deposition testimony (92 pages x $3.65 = $335.80);

* Transcript of Patrick O'Kelly's deposition testimony (154 pages ...


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