AO 133
`Case 6:15-cv-00201-JRG-KNM Document 259 Filed 10/03/16 Page 1 of 2 PageID #: 9283
`(Rev. 12/09) Bill of Costs
`
`UNITED STATES DISTRICT COURT
`for the
` Eastern District of Texas
`__________ District of __________
`
`Case No.:
`
`6:15-cv-201-JRG-KNM
`
`)))))
`
`Flexuspine, Inc.
`
`v.
`Globus Medical, Inc.
`
`BILL OF COSTS
`
`Judgment having been entered in the above entitled action on
`
`the Clerk is requested to tax the following as costs:
`
`08/24/2016
`Date
`
`against
`
`Flexuspine, Inc.
`
`Fees of the Clerk . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`
`$
`
`Fees for service of summons and subpoena . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`Fees for printed or electronically recorded transcripts necessarily obtained for use in the case . . . . . .
`Fees and disbursements for printing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`Fees for witnesses (itemize on page two)
`Fees for exemplification and the costs of making copies of any materials where the copies are
`necessarily obtained for use in the case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`
`Docket fees under 28 U.S.C. 1923 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`Costs as shown on Mandate of Court of Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`Compensation of court-appointed experts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`Compensation of interpreters and costs of special interpretation services under 28 U.S.C. 1828 . . . . .
`Other costs (please itemize) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
`TOTAL
`
`$
`
`,
`
`0.00
`0.00
`
`29,900.47
`0.00
`1,882.45
`
`18,187.48
`0.00
`0.00
`16,258.52
`0.00
`9,144.40
`75,373.32
`
`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 has been served on all parties
`in the following manner:
`✔
`Electronic service
`(cid:117)
`Other:
`s/ Attorney:
`/s/ John P. Lahad
`Name of Attorney:
`John P. Lahad
`Globus Medical, Inc.
`Name of Claiming Party
`
`(cid:117)
`
`For:
`
`(cid:117)
`
`First class mail, postage prepaid
`
`Date:
`
`09/13/2016
`
`Costs are taxed in the amount of
`David A. O'Toole
`Clerk of Court
`
`$75,373.32
`
`By:
`
`and included in the judgment.
`
`Deputy Clerk
`
`Date
`
`Taxation of Costs
`
`

`

` AO 133 (Rev. 12/09) Bill of Costs
`Case 6:15-cv-00201-JRG-KNM Document 259 Filed 10/03/16 Page 2 of 2 PageID #: 9284
`UNITED STATES DISTRICT COURT
`Witness Fees (computation, cf. 28 U.S.C. 1821 for statutory fees)
`
`NAME , CITY AND STATE OF RESIDENCE
`
`Chad Glerum
`
`Mark Weiman
`
`ATTENDANCE
`
`SUBSISTENCE
`
`MILEAGE
`
`Miles
`
`Total
`Cost
`
`Days
`
`1
`
`1
`
`Total
`Cost
`
`40.00
`
`40.00
`
`Total
`Cost
`
`194.70
`
`1,607.75
`
`Days
`
`1
`
`1
`
`Total Cost
`Each Witness
`
`$234.70
`
`$1,647.75
`
`$0.00
`
`$0.00
`
`$0.00
`
`$0.00
`
`TOTAL
`
`$1,882.45
`
`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)(1)
`Costs Other than Attorneys’ Fees.
`Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney's fees — should be allowed to the
`prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk
`may tax costs on 14 day's notice. On motion served within the next 7 days, the court may review the clerk's action.
`
`RULE 6
`(d) Additional Time After Certain Kinds of Service.
`
`When a party may or must act within a specified time after service and service is made under Rule5(b)(2)(C), (D), (E), or (F), 3 days are
`added after the period would otherwise expire under Rule 6(a).
`RULE 58(e)
`Cost or Fee Awards:
`Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a
`timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become
`effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.
`
`