Free Bill of Costs - District Court of Arizona - Arizona

1 Guttilla Murphy Anderson, P.C.
Ariz. Firm No. 00133300
2 Ryan W. Anderson (Ariz. No. 020974)
4150 West Northern Avenue
Phoenix, Arizona 85051
3 Emai1:[email protected]
Phone: (623) 937-2795
4 Fax: (623) 937-6897
5 Attorneys for the Receiver
6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8 Lawrence J. Warfield, Receiver, g
l 9 Plaintiff, ) Cause No. CV 03-2390 PHX JAT
:2 v_ >
g U _ 10 ) BILL OF COSTS
.5 JQ; 11 Michael Alaniz, etal. )
:>. ‘¤ 32
Tg Q Defendants. )
£ § 8 S 12 )
as E E )
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0 Judgment in favor of the Plaintiff having been entered in the above entitled action
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on February 28, 2007 against Defendants Leonard Bestgen, Robert Carroll, Rudy
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Crosswell, Charles Davis, Paul Richard, and Patrick Wehrly, the Clerk is requested to tax
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the following costs:
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Defendant Taxable Costs Supporting Exhibit
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Leonard & Betty (aka $26,978.45 A
19 Elizabeth) Bestgen
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Robert Carroll $27,149.90 B
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Rudy & Mary $27,254.90 C
22 Crosswell
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Case 2:03-cv-02390-JAT Document 579 Filed O3/O9/2007 Page 1 of 4

1 Charles Davis $27,379.65 D
2 Paul Richard $27,101.27 E
3 Patrick & Andrea $27,440.40 F
Wehrly
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5 Where the cost relates solely and directly to a Defendant, such as service costs for
6 attempting service on the Defendant, the cost is sought to be taxed to that Defendant
7 only. Where the cost relates generally to the Plaintiffs claims against all defendants,
8 such as the tiling fee and trial witness expenses, the costs are sought to be taxed jointly
O 9 and severally to all defendants. The presumptive rule is that costs are to be taxed to the
ng 5 E 10 losing parties on a joint and several basis. See Hartung v. CAE Newnes, Inc., 2002 WL
gg 11 31972394 *2 (D.Or. July 2, 2002); See also, Anderson v. Grwin, 397 F.3d 515, 522-23
H < 2
Ei 12 (7th Cir. 2005)("The cases say that the presumptive rule is joint and several liability
§ V 13 unless it is clear that one or more of the losing parties is responsible for a
14 disproportionate share ofthe costs"); Concord Boat Corp. v. Brunswick Corp., 309 F.3d
15 494, 496 (8th Cir. 2002)("Joint and several liability for costs is the general rule unless
16 equity otherwise dictates").
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Case 2:03-cv-02390-JAT Document 579 Filed O3/O9/2007 Page 2 of 4

1 DECLARATION
2 I declare under penalty of perjury that the above enumerated costs are correct and
3 were necessarily incurred in this action and that the services for which fees have been
4 charged were actually and necessarily performed. A copy of this Bill of Costs was
5 mailed today by first class mail, postage prepaid to:
6 Burton M. Bentley
5343 North 16th Street
7 Suite 480
Phoenix, Arizona 85016
8 Attomey for Leonard & Betty Bestgen, Robert Carroll, Rudy & Mary Crosswell,
Charles Davis, Paul Richard and Patrick & Andrea Wehrly
. 9
Q
°1
S g F 10 Respectfully submitted this guday of March, 2007.
Zi < 8
U E Q g
E Q § 11 GUTTILLA MURPHY ANDERSON, P.C.
F E ` E
E 5 Q 12 s/Ryan W. Anderson
it E PE Ryan W. Anderson
13 Attomeys for the Receiver
ca
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Case 2:03-cv-02390-JAT Document 579 Filed O3/O9/2007 Page 3 of 4

1 TAXATION OF COSTS
2 .
Costs are taxed for the Plaintiff, Lawrence J. Warfield, against the following
3 defendants in the amounts indicated and are included in the Judgment.
4 Defendant Taxable Costs
5 Leonard Bestgen $26,978.45
6 Robert Carroll $27,149.90
7 Rudy Crosswell $27,254.90
8 Charles Davis $27,379.65
U 9 Paul Richard $27,101.27
ni
§ QE 10 Patrick Wehrly $27,440.40
3 E % e
EE 11
F E E, 5
E i Q 12 Dated: Richard H. Weare
at : E Clerk of Court
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0
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By_......;..__._
15 Deputy Clerk
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0758-011(60236)
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