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Home My Public Portal AboutGS verified motion to tax costs & incorp memo of law (4/30/15)Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 9:14-ev-80317-DMM MARTIN O'BOYLE, Plaintiff, vs TOWN OF GULF STREAM, and WILLIAM THRASHER, Defendants. DEFENDANT, TOWN OF GULFSTREAM'S. VERIFIED MOTION TO TAX COSTS AND INCORPORATED MEMORANDUM OF LAW The Defendant, TOWN OF GULFSTREAM , by and through its undersigned attorneys, and pursuant to 28 U.S.C. § 1920, Federal Rule of Civil Procedure 54(d), and Local Rule 7.3, respectfully requests that the Court tax costs against the Plaintiff, for the items listed below, which were all reasonably and necessarily expended by the Defendant and in the opinion of the undersigned, each of said items represent a cost lawfully taxable, and states as follows The Court granted the Defendant's Motion for Summary Judgment [D.E. 59], and denied the Plaintiffs Motion for Partial Summary Judgment [D.E, 62). and closed the case on March 31,2015. As the prevailing party, the Defendant, TOWN OF GULFSTREAM, is entitled to an award of all costs incurred in litigating this dispute. 3. The following is a list of all costs properly taxable. Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 2 of 8 Martin O'Boyle v. Town of Gulfstream Case No.: 9:14cv-80317-DMM Costs of deposition and transcript: Date Company Services Cost 01/23!15 Esquire Solutions Deposition of Sergeant John Heasley - $618.90 Agency transcript 01/28/15 Esquire Solutions Deposition of Michael G. Ahearn - $566.50 Services, Inc. transcript 01/29/15 Esquire Solutions Deposition of William Thrasher- $974.80 Services. Inc. transcript 01/30/15 1 Esquire Solutions Deposition of Martin O'Boyle - i $2,51020 transcript - Casts of Witness Fee for Depositions: Date Name of Witness Amount of check 07/31/14 Denise DeMartini $55.00 Co pv Fees: Company I Copy Count Cost per pg Cost Johnson, Anselmo 1 6,796 pages .35 per page $2,378.60 Service of Nocess Fees: Date Company Services Cost 08/14/14 National Information Serve subpoena for deposition on $45,00 Agency Denise DeMartini 08/08/14 Burke Process Serve subpoena for deposition on $80.00 Services, Inc. Mark Dougan 08,09/14 Burke Process Serve subpoena for deposition on $80.00 Services. Inc. George Delafield Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 3 of 8 Martin O'Boyle v. Town of Gulfstream Case No.: 9:14-ev-80317-DMM 08/11/14 Burke Process Serve subpoena for deposition on $80.00 Services, Inc. Christopher O'Hare 08/13/14 Burke Process Serve subpoena for deposition on $40.00 Services, Inc. Doug Stacey TOTAL COSTS: $7,509.00 These costs are allowable under 28 U.S.C. § 1920. 5. These costs are correctly stated and were actually and necessarily incurred. 6. Copies of all invoices for the above-described costs are attached as Exhibit "A." A Bill of Costs is attached as Exhibit "B." As to the depositions, none of them were merely incurred for convenience or for purposes of investigation only. The record reflects that Defendant's depositions were properly used to prepare its case, and were therefore necessarily incurred expenses. No transcript was expedited and each deposition was reasonably necessary forDefendant to effectively defend the case, Indexing the depositions and obtaining copies of deposition exhibits allowed Defendant to efficiently put deposition testimony into context, and better prepare its case. 9. As to the copy costs, the attached exhibits provide the amount of copies made by the Defendant in this case The copies in this case were necessary to review and analyze the Plaintiff's responses to discovery which were provided in electronic format, to print out the electronic filings in this case which Defendant maintains in paper form, to prepare copies of documents forproduction to the Plaintiff, and to prepare copies of the trial exhibits of use at trial, which was scheduled to begin only two weeks after the summary judgment order was entered. Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 4 of 8 Marlin O'Boyle v, Town of Gulfstream Case No.: 9:14-cv-80317-DMM 10. In accordance with Local Rule 7.3(a)(3), the undersigned, Hudson C. Gill, certifies that he conferred with counsel for the Plaintiff, Giovani Mesa, Esq., by email and by telephone on April 28, 2015, regarding the relief sought in this motion, and can advise that the Plaintiff objects. WHEREFORE, Defendant, TOWN OF GULFSTREAM, respectfully requests the entry of an Order awarding costs in the amount $7.509.00. Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 5 of 8 Martin O'Boyle v. Town of Gulfstream Case No.: 9:14-ev-80317-DMM VERIFICATION I, Hudson C. Gill, hereby swear under penalty ofpequry, that the above costs were incurred in the defense of the Defendant, TOWN OF GULFSTREAM, in the above action. FURTHER AFFIANT SAYETH NAUGHT. nVDSON C. GILL, ESQU[RL" U - The foregoing instnunent was acknowledged before me ihis� d,iv of April 2015, by Hudson C. Gill, who is personally known to me. Nola Public My Commission Expires: ti e1M:CgeEntFVY ,f,�l'h'y'� atcouwssw�l�rreslsca p:PIF1Ea'JgnWry 13,2017 � BYdldThu No!WPutl4anitlMA�11 Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 6 of 8 Martin O'Boyle Y. Town of Gulfstream Case No.; 9:14-ev-80317-DMM CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 30th day of April, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record identified on the attached Service List in the manner specified via transmission of Notice of Electronic Filing generated by CMIECF. JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. Attorneys for Defendant 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Telephone: (954) 463-0100 Facsimile: (954) 463-2444 /s/Hudson C. Gill JEFFREY L. HOCHMAN Florida Bar Number: 902098 HUDSON C. GILL Fla. Bar No. 15274 Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 7 of 8 Martin O'Boyle v. Town of Gulfstream Case No.: 9:14-ev-80317-DbIM SERVICE LIST MARRETT WILLIS HANNA, ESQ. COMMERCE GROUP, INC. 1280 West Newport Center Drive Deerfield Beach, FL 33442 Attorney for Plaintiff Phone: (954) 570-3718 Fax: (954) 360-0807 Email: f3mhanng@yab—oo.com RYAN L. WITHER, ESQ. THE O'BOYLE LAW FIRM P.C. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Attorney for Plaintiff Phone: (954) 574-6885 Email: rwitmerr4obovlelawfirm.com GIOVANI MESA, ESQ. THE O'BOYLE LAW FIRM P.C. 1286 West Newport Center Drive Deerfield Beach, FL 33442 Phone: (954) 574-6885 Email: gmesafkloboylelawfirm.com JOANNE M. O'CONNOR, ESQ. JONES, FOSTER, JOHNSTON & STUBBS 505 South Flagler Drive Suite 1100, P.o. Box 3475 West Palm Beach, FL 33402 Phone: (561) 659-3000 Fax: (561) 650-5300 ' Email: ioconnorf@iones-foster.com Case 9:14-cv-80317-DMM Document 96 Entered on FLSD Docket 04/30/2015 Page 8 of 8 Martin O'Boyle r. Town of Gulfstream Case No.: 9:14-ev-80317-DMM JEFFREY L. HOCHMAN, ESQUIRE HUDSON C. GILL, ESQUIRE JOHNSON, ANSELMO, MURDOCH, BURKE, PIPER & HOCHMAN, P.A. 2455 East Sunrise Boulevard, Suite 1000 Fort Lauderdale, Florida 33304 Attorneys for Defendants Phone (954)463-0100 Fax: (954)463-2444 Email: Hochman@i ambg com Ericksenniambe.com hgilltivjambe.com