Free Bill of Costs - District Court of Connecticut - Connecticut

Case 3:01-cv-02065-CFD

Document 83

Filed 07/21/2008

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT EUGENE PANECCASIO, Civil Action No. 3:01 CV 2065 (CFD) Plaintiff, vs. UNISOURCE WORLDWIDE, INC., GEORGIA-PACIFIC CORPORATION, ALCO STANDARD CORPORATION, and IKON OFFICE SOLUTIONS, INC., Defendants. JULY 21, 2008 UNISOURCE DEFENDANTS' VERIFIED BILL OF COSTS Pursuant to Rule 54 of the Local Rules of Civil Procedure, Defendants Unisource Worldwide, Inc. and Georgia-Pacific Corporation ("Unisource Defendants"), submit this Bill of Costs itemizing the costs to which they are entitled as the prevailing parties against Plaintiff, Eugene Paneccasio ("Plaintiff"), in the above-captioned matter. See Loc. R. Civ. P. 54. The Unisource Defendants filed a Motion for Summary Judgment on October 29, 2004 (see Dkt. # 50). Defendant, Ikon Office Solutions, filed a Motion for Summary Judgment on November 3, 2004 (See Dkt. #53). This Court granted both Motions for Summary Judgment on July 26, 2006 (see Dkt. #79). Judgment entered in favor of all the Defendants on July 31, 2006 (See Dkt. #80). Thereafter, on August 21, 2006, the Plaintiff filed a Notice of Appeal (See Dkt. #81). The United States Court of Appeals for the Second Circuit affirmed the judgment of this Court on July 7, 2008.

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The amounts set forth below are a fair and accurate reflection of the costs incurred by the Unisource Defendants in defending against Plaintiff's claims. True and accurate copies of all relevant receipts documenting these costs are attached hereto.

1.

Deposition Costs: $1,121.70

The Unisource Defendants seek to recover the cost of the original and one copy of Plaintiff's deposition taken on August 26, 2003, including the court reporter's attendance fee as provided in Loc. R. Civ. P. 54(c)2(ii). The Unisource Defendants relied upon Plaintiff's deposition in preparing their Motion for Summary Judgment and accompanying Memorandum of Law and his deposition was necessary to prepare for the future trial of this case. Excerpts of Plaintiff's Deposition were appended as Exhibit A to Unisource Defendants' Statement of Undisputed Material Facts filed along with their Motion for Summary Judgment. (See Dkt. # 52). Paneccasio took the depositions of two witnesses, William Bauer and Walter J. Hope, Jr.1 The Unisource Defendants seek to recover the cost of the original and one copy of each deposition transcript as provided in Local Rule 54(c)2(ii). All deposition transcripts were obtained for the preparation of the case and were used extensively by the Unisource Defendants' counsel in filing the Motion for Summary Judgment and Reply Brief. Excerpts from Mr. Hope's deposition were appended as Exhibit B to the Unisource Defendants' Statement of Undisputed Material Facts. Furthermore, Plaintiff appended excerpts of William Bauer's deposition as Exhibit 1 to its

The depositions of Walter J. Hope, Jr. and William Bauer were taken for use both in this case and in a companion case, Callahan v. Unisource et al., No. 3 01 CV 1205 (CFD). On September 14, 2006, the Court granted summary judgment to the Unisource Defendants in the Callahan matter, and the Unisource Defendants sought to recover their costs in that matter as well. Accordingly, the Unisource Defendants have apportioned their costs for the Hope and Bauer depositions equally between the Callahan and Paneccasio Bill of Costs. -2-

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Opposition to Defendants' Motions for Summary Judgment and Unisource Defendants reviewed Mr. Bauer's deposition in drafting its Reply Brief. The following is a list of all recoverable deposition expenses incurred by the Unisource Defendants: Date of Deposition August 26, 2003 July 6-7, 2004 Deponent Eugene Paneccasio Walter J. Hope, Jr. and William Bauer Cost $850.00 $543.40 divided by 2 = $271.70

2.

Cost of Exhibits Appended to Successful Motion for Summary Judgment: $38.36

On October 29, 2004, the Unisource Defendants filed their Motion for Summary Judgment and accompanying Memorandum of Law. (See Dkt. ## 50-52.) They also filed a Reply Brief on January 26, 2005. (See Dkt. #65.) The Court granted the summary judgment motion in its entirety and entered judgment in Unisource Defendants' favor on July 26, 2006. (See Dkt. #79.) Pursuant to Rule 54(c)3(iii) of the Local Rules of Civil Procedure, Unisource Defendants seek to recover their costs for the appendage of exhibits to their Statement of Undisputed Material Facts and Memorandum of Law in Support of Their Motion for Summary Judgment (i.e., 137 pages x $.14 per page, which is the customary amount charged by Day Pitney LLP to defendants, times two (copy of exhibits manually filed at court and copy sent to plaintiff) totaling $38.36). See Loc. R. Civ. P. 54(c)3(iii). 3. Total Amount of Costs: $1,160.06

Accordingly, pursuant to Rule 54 of the Local Rules of Civil Procedure, the Unisource Defendants respectfully request that the Court enter an order directing Plaintiff to reimburse them -3-

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in the total amount of $1,160.06 for the necessary costs in defending this action. See Loc. R. Civ. P. 54. Respectfully submitted,

THE DEFENDANTS UNISOURCE WORLDWIDE, INC. GEORGIA-PACIFIC CORPORATION

________________________________ Felix J. Springer (ct 05700) Day Pitney LLP 242 Trumbull Street Hartford, CT 06103 Tel: 860/275-0100 Fax: 860/275-0343 E-mail: [email protected] Rayne Rasty (ct 24918) Georgia-Pacific Corporation 133 Peachtree St. NE Atlanta, GA 30303 Tel: 404/652-4972 Fax: 404/584-1461 E-mail: [email protected]

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Case 3:01-cv-02065-CFD

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CERTIFICATE OF SERVICE This is to certify that on this date, I served a copy of the foregoing Verified Bill of Costs and Affidavit of Felix J. Springer via first-class mail, postage prepaid to:

Andrew B. Bowman, Esq. 1804 Post Road East Westport, CT 06880 Kay Kyungsun Yu Pepper Hamilton LLP 3000 Two Logan Square Eighteenth and Arch Streets Philadelphia, PA 19103 Joseph J. Costello Morgan, Lewis & Bockius 1701 Market Street Philadelphia, PA 19103 Robert L. Wyld Shipman & Goodwin One Constitution Plaza Hartford, CT 06103

________________________________ Felix J. Springer

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