Free Bill of Costs - District Court of Connecticut - Connecticut

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 1 of 6

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT

TRILEGIANT CORPORATION, Plaintiff, vs. BP PRODUCTS NORTH AMERICA, INC. Defendant.

: : : : : : : :

Civil Action No: 03:02 CV 2237 (MRK)

NOVEMBER 24, 2004

VERIFIED BILL OF COSTS Pursuant to Local Rule of Civil Procedure 54, the defendant, BP Products North America, Inc. ("BP"), submits this Bill of Costs to which it is entitled as a prevailing party against the plaintiff, Trilegiant Corporation ("Trilegiant"), in the above-captioned matter. The Court entered Judgment against Trilegiant on October 14, 2004.

True and accurate copies of all relevant receipts documenting these costs are attached hereto as Exhibit A. Attached hereto as Exhibit B is a list of the parties' joint trial exhibits reflecting BP's copying costs for the same. Attached hereto as Exhibit C is the Affidavit of Brian Porch, Jr., attorney for BP, submitted in support of this bill of costs. Set forth below are items considered taxable and recoverable as costs by BP Products:

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 2 of 6

I.

Removal Fees - Local Rule 54(c)(6) (iii) Fees incurred for Removal of Action $ 150.00 $150.00

$150.00

II.

Deposition and Trial Witness Fees, Mileage and Subsistence Expenses (Local Rule 54 (c) (4) (i), (ii) and (iii)) and Deposition Transcript Copy Fees (Local Rule 54 (c) (2) (ii))

Jennifer Montague Deposition by Excel Reporters, Inc. on June 26, 2003 Deposition Witness Fee Payable on June 26, 2003 Mileage for attendance at Deposition on June 26, 2003 (Warrenville, IL to Lisle, IL and return trip totaling 6 miles x $0.36 / mile) Trial Witness Fee Payable on July 28, 2004 Subsistence Expenses during Trial Hotel $ 426.26 Air Fare 1,743.50 $2,169.76 $ 364.70 40.00 2.16

40.00 $2,169.76

$2,616.62

$2,616.62

James DuBoyce Deposition by Excel Reporters, Inc. on June 26, 2003 Deposition Witness Fee Payable on June 26, 2003 Mileage for attendance at Deposition on June 26, 2003 (Warrenville, IL to Lisle, IL and return trip totaling 6 miles x $0.36 / mile) $ 240.00 40.00 2.16

$282.16

$282.16

-2-

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 3 of 6

II.

Con't. Deposition and Trial Witness Fees, Mileage and Subsistence Expenses (Local Rule 54 (c) (4) (i), (ii) and (iii)) and Deposition Transcript Copy Fees (Local Rule 54 (c) (2) (ii))

Lisa Kilrea Deposition by Excel Reporters, Inc. on June 25, 2003 Deposition Witness Fee Payable on June 25, 2003 Mileage for attendance at Deposition on June 25, 2003 (Warrenville, IL to Lisle, IL and return trip totaling 6 miles x $0.36 / mile) Deposition by Excel Reporters, Inc. on September 29, 2003 Deposition Witness Fee Payable on September 29, 2003 Witness Fee Payable for Attendance at Court on July 29, 2004 Subsistence Expenses during Trial Meals on July 28, 2004 7.57 Hotel 223.00 Airport Parking 41.00 Air Fare 374.20 Meals on July 29, 2004 11.25 820.13 $ 396.95 40.00 2.16

394.50 40.00 40.00 820.13

$8417.69

0

Ellen Best Deposition by Excel Reporters, Inc. on September 30, 2003 Deposition Witness Fee Payable on September 30, 2003 Trial Witness Fee Payable on July 28, 2004 Subsistence Expenses during Trial Air Fare 380.20 Hotel 545.58 925.78 $ 645.50 40.00 40.00 925.78

$1651.28

$1651.28

-3-

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 4 of 6

II.

Con't. Deposition and Trial Witness Fees, Mileage and Subsistence Expenses (Local Rule 54 (c) (4) (i), (ii) and (iii)) and Deposition Transcript Copy Fees (Local Rule 54 (c) (2) (ii)) Alan A. Schachter By Sanders, Gale & Russell on March 25, 2004 Deposition Witness Fee Payable on March 25, 2004 One Copy of Deposition Transcript (102 pps. x $0.14 / page) Mileage for Attendance at Deposition (Westport, CT to Stamford, CT and return trip totaling 24 miles x $0.375/mile) Trial Witness Fee Payable for July 28, 2004 Mileage for Attendance at Trial on July 28, 2004 (New York, NY to New Haven, CT and return trip totaling 154 miles x $0.375/mile) $214.72 40.00 14.28 9.00 40.00 57.75

$375.75

$375.75

III.

Deposition Related Expenses ­ Local Rule 54 (c) (2) (ii) (deposition transcripts obtained for preparation of the case and one copy thereof)

Deposition Transcript of Chip Vann By Sanders, Gale & Russell on July 23, 2003 $427.21 $427.21

Deposition Transcript of Nayr Iglesias By Sanders, Gale & Russell on July 21, 2003 $ 700.05 $700.05

Deposition Transcript of Kelley L. Clift By Wyoming Reporting Services on June 9, 2004 $274.00 $274.00

Deposition Transcript of Greg Hilinski By Sanders, Gale & Russell on October 27, 2003 $ 619.85 $619.85

-4-

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 5 of 6

III.

Con't. Deposition Related Expenses ­ Local Rule 54 (c) (2) (ii) (deposition transcripts obtained for preparation of the case and one copy thereof)

Deposition Transcript of Monica Evans By Esquire Deposition Services on December 10, 2003 $ 275.28 $275.28

Deposition Transcript of Terry Walker By Esquire Deposition Services on December 9, 2003 $258.76 $258.76

IV.

Trial Exhibits pursuant to Local Rule 54 (c) (3) (i) Exhibits - 520 pps. x $0.14 / page. Attached hereto as Exhibit B. $72.80 $72.80

TOTAL COSTS

$9,437.50

DEFENDANT, BP PRODUCTS NORTH AMERICA, INC.,

By:/s/ Brian D. Porch Steven M. Greenspan (ct00380) Brian D. Porch (ct23650) Day, Berry & Howard LLP CityPlace I Hartford, Connecticut 06103-3499 (860) 275-0100 (860) 275-0343

-5-

Case 3:02-cv-02237-MRK

Document 61

Filed 11/24/2004

Page 6 of 6

CERTIFICATE OF SERVICE THIS IS TO CERTIFY that a copy of the foregoing was served by hand delivery on this 24th day of November, 2004 to: Robert P. Dolian, Esq. Cummings & Lockwood, LLC Four Stamford Plaza 107 Ellm Street Stamford, CT 06902 /s/ Brian D. Porch Brian D. Porch

-6-