Powell's Books, Inc., et al v. John Kroeger, et al

Filing 62

Filed (ECF) Appellants American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., Bluejay, Inc., Colette's: Good Food + Hungry Minds, LLC, Comic Book Legal Defense Fund, Dark Horse Comics, Inc., Freedom to Read Foundation, Inc., Old Multnomah Book Store, Ltd., Powell's Books, Inc. and St. John's Booksellers, LLC bill of costs (Form 10) in the amount of 90.01 USD. Date of service: 09/24/2010 [7485805] (MAB)

Powell's Books, Inc., et al v. John Kroeger, et al

Doc. 62

Form 10. Bill of Costs ................................................................................................................................(Rev. 12-1-09)

United States Court of Appeals for the Ninth Circuit BILL OF COSTS
Note: If you wish to file a bill of costs, it MUST be submitted on this form and filed, with the clerk, with proof of service, within 14 days of the date of entry of judgment, and in accordance with 9th Circuit Rule 39-1. A late bill of costs must be accompanied by a motion showing good cause. Please refer to FRAP 39, 28 U.S.C. § 1920, and 9th Circuit Rule 39-1 when preparing your bill of costs. v. JOHN KROGER, et al. 9th Cir. No. 09-35153

POWELL'S BOOKS, INC., et. al.

The Clerk is requested to tax the following costs against: Defendants-Appellees

Cost Taxable under FRAP 39, 28 U.S.C. § 1920, 9th Cir. R. 39-1

REQUESTED Each Column Must Be Completed

ALLOWED To Be Completed by the Clerk

No. of Docs.

Pages per Doc.

Cost per Page* $ $

TOTAL COST

No. of Docs.

Pages per Doc. $ $ $

Cost per Page* $ $ $ $ $

TOTAL COST

Excerpt of Record Opening Brief Answering Brief Reply Brief Other**
11 1 16 10 11 65

$ 0.1 $ $ 0.1 $ 0.1

$ 71.5 $ $ 17.6 $1 $ 90.1

$ $

TOTAL:

TOTAL: $

* Costs per page may not exceed .10 or actual cost, whichever is less. 9th Circuit Rule 39-1. ** Other: Any other requests must be accompanied by a statement explaining why the item(s) should be taxed pursuant to 9th Circuit Rule 39-1. Additional items without such supporting statements will not be considered. Attorneys' fees cannot be requested on this form.

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Form 10. Bill of Costs - Continued I, Michael A. Bamberger , swear under penalty of perjury that the services for which costs are taxed

were actually and necessarily performed, and that the requested costs were actually expended as listed.

Signature s/ Michael A. Bamberger ("s/" plus attorney's name if submitted electronically) Date Sep 24, 2010 Name of Counsel: Michael A. Bamberger

Attorney for: Plaintiff - Appellants

(To Be Completed by the Clerk) Date Costs are taxed in the amount of $

Clerk of Court By: , Deputy Clerk

No. 09-35153 _____________________ In the United States Court of Appeals for the Ninth Circuit _____________________ POWELL'S BOOKS, INC., et al., Plaintiffs-Appellants, v. JOHN KROGER, et al., Defendants-Appellees. _____________________ On Appeal from the United States District Court for the District of Oregon (Hon. Michael W. Mosman) Case No. CV-08-501-MO __________________________________________________________________ STATEMENT IN SUPPORT OF BILL OF COSTS __________________________________________________________________ Michael A. Bamberger Richard M. Zuckerman SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas, 24th Floor New York, NY 10020 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs-Appellants Powell's Books, Inc.; Old Multnomah Book Store, Ltd. d/b/a Annie Bloom's Books; Dark Horse Comics, Inc.; Colette's: Good Food + Hungry Minds LLC; Bluejay, Inc. d/b/a Paulina Springs Books; St. John's Booksellers LLC; American Booksellers Foundation For Free Expression; Association Of American Publishers, Inc.; Freedom To Read Foundation Inc.; and Comic Book Legal Defense Fund

Pursuant to FRAP 39, 28 U.S.C. § 1920 and 9th Cir. R. 39-1, PlaintiffAppellants Powell's Books, Inc., et al. respectfully request that the costs of their Response to Appellees' Motion for Certification to the Oregon State Supreme Court (Docket No. 55) be taxed against Defendant-Appellees. This was a postargument motion by Appellees that required a response from Appellants. The costs associated with this brief are listed in the row marked "Other" in the Bill of Costs. Dated: September 24, 2010 /s/ Michael A. Bamberger Michael A. Bamberger Richard M. Zuckerman SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas New York, NY 10020 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs-Appellants Powell's Books, Inc.; Old Multnomah Book Store, Ltd. d/b/a Annie Bloom's Books; Dark Horse Comics, Inc.; Colette's: Good Food + Hungry Minds LLC; Bluejay, Inc. d/b/a Paulina Springs Books; St. John's Booksellers LLC; American Booksellers Foundation For Free Expression; Association Of American Publishers, Inc.; Freedom To Read Foundation Inc.; and Comic Book Legal Defense Fund

-110420102

CERTIFICATE OF SERVICE UNITED STATES COURT OF APPEALS DOCKET NUMBER: NO. 09-35153 I hereby certify that I electronically filed the foregoing Bill of Costs and accompanying Statement in Support of Bill of Costs with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on September 24, 2010. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Dated: September 24, 2010 /s/ Michael A. Bamberger Michael A. Bamberger Richard M. Zuckerman SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas New York, NY 10020 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs-Appellants Powell's Books, Inc.; Old Multnomah Book Store, Ltd. d/b/a Annie Bloom's Books; Dark Horse Comics, Inc.; Colette's: Good Food + Hungry Minds LLC; Bluejay, Inc. d/b/a Paulina Springs Books; St. John's Booksellers LLC; American Booksellers Foundation For Free Expression; Association Of American Publishers, Inc.; Freedom To Read Foundation Inc.; and Comic Book Legal Defense Fund