AO 133 (Delaware Rev. 7/00) Bill of Costs
United States District Court
District of Delaware
UNITED STATES OF AMERICA
V.
DENTSPLY INTERNATIONAL, INC. |
BILL OF COSTS
Case Number: 99-005 (SLR) |
Judgment having been entered in the above entitled action on | MAY 26, 2005 Date | against Dentsply International, Inc. |
the Clerk is requested to tax the following as costs: |
Fees of the Clerk | $ 0
|
Fees for service of summons and subpoena | $181.00
|
Fees of the court reporter for all or any part of the transcript necessarily obtained for use in the case | $80,038.22
|
Fees and disbursements for printing | $0
|
Fees for witnesses (itemize on reverse side) | $ 2,823.89
|
Fees for exemplification and copies of papers necessarily obtained for use in the case | $30,5528.87
|
Docket fees under 28 U.S.C. 1923 | $0
|
Costs as shown on Mandate of Court of Appeals | $0
|
Compensation of court-appointed experts | $0
|
Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 | $0
|
Other costs (please itemize) | $0
|
TOTAL | $113,571.98 |
SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories.
DECLARATION
I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action
and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill
was mailed today with postage prepaid served on June 10, 2005 per the attached Certificate of Service.
Signature of Attorney: _______________/s/________________
Name of Attorney: Jon B. Jacobs
For: | United States of America
Name of Claiming Party | Date: June 9, 2005 |
Costs are taxed in the amount of _________________________________________ and included in the judgment.
_________________________________ Clerk of Court | By: _______________________________ Deputy Clerk | _________________ Date |
WITNESS FEES (computation, cf. 28 U.S.C. 1821 for statutory fees)
NAME AND RESIDENCE |
ATTENDANCE
|
SUBSISTENCE
|
MILEAGE
|
Total Cost Each Witness |
Days |
Total Cost |
Days |
Total Cost |
Miles |
Total Cost |
Robert Ganley 102 Huntington Ct., Williamsport, NY
|
2 | $80 | 2 | $143 | | $111.50 | $334.50 |
Betsy Harris 3 Sussex Rd., Mondale Estates, GA
|
2 | $80 | 2 | $143 | | $45 | $268.00 |
Norman Weinstock 43 Crest Rd., Framingham, MA
|
4 | $160 | 4 | $429 | | $295.39 | $884.39 |
Wayne Whitehill 3150 E. Birch St., Brea, CA
|
6 | $240 | 6 | $715 | | $342 | $1,297.00 |
Yoram Wind Wind Associates, Inc. 1041 Waverly Rd., Gladwyne, PA 190
|
1 | $40 | | | | | $40 |
TOTAL |
$2,823.89 |
NOTICE
Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides:
"Sec. 1924. Verification of bill of costs."
"Before any bill of costs is taxed, the party claiming any item of
cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized
attorney or agent having knowledge of the facts, that such item is correct and has been necessarily
incurred in the case and that the services for which fees have been charged were actually and
necessarily performed."
See also Section 1920 of Title 28, which reads in part as follows:
"A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree."
The Federal Rules of Civil Procedure contain the following provisions:
Rule 54 (d)
"Except when express provision therefor is made either in a statute of the United States or
in these rules, costs shall be allowed as of course to the prevailing party unless the court otherwise
directs, but costs against the United States, its officers, and agencies shall be imposed only to the extent
permitted by law. Costs may be taxed by the clerk on one day's notice. On motion served within 5 days
thereafter, the action of the clerk may be reviewed by the court."
Rule 6(e)
"Whenever a party has the right or is required to do some act or take some proceedings
within a prescribed period after the service of a notice or other paper upon him and the notice or paper
is served upon him by mail, 3 days shall be added to the prescribed period."
Rule 58 (In Part)
"Entry of the judgment shall not be delayed for the taxing of costs." |
CERTIFICATE OF SERVICE
We hereby certify that copies of the United States Bill of Costs, Itemization,
and supporting Documentation were served this 10th day of June 2005, upon counsel
for defendant Dentsply International, Inc. as indicated below:
By hand delivery and electronic mail
Margaret M. Zwisler, Esq.
Eric J. McCarthy, Esq.
Howrey LLP
1299 Pennsylvania Ave., N.W.
Washington, D.C. 20004
By first-class mail and electronic mail
William D. Johnston, Esq.
The
Brandywine Building
1000 West
Street, 17th Floor
Wilmington, DE
19801
|
| _______________/s/________________
Jon B. Jacobs
Antitrust Division
U.S. Department of Justice
1401 H Street, N.W., Suite 4000
Washington, D.C. 20530
COLM CONNOLLY
United States Attorney
|
By: |
_______________/s/________________
RUDOLPH
CONTRERAS Assistant
U.S. Attorney Chief,
Civil Division |
|
|