Phillips v. Duane Morris, LLP et al

Filing 137

ORDER ADOPTING 136 RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: Defendant's 127 Motion for Review of Clerk's Decision on Taxing of Costs is DENIED. Plaintiff's 128 Motion for Review of Clerk's Bill of Costs is DENI ED. The Clerk of the court is Directed to AMEND the 117 Bill of Costs filed 9/2/2014, to reduce the amount awarded for expert witness fees by $57,626.86 to $14, 585.66 and thus to tax costs in the total amount of $48,087.10 to plaintiff. By Judge Robert E. Blackburn on 12/12/2014. (alowe)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Robert E. Blackburn
Civil Action No. 13-cv-01105-REB-MJW
EDWARD H. PHILLIPS
Plaintiff,
v.
DUANE MORRIS, LLP,
JOHN C. HERMAN, and
ALLEN L. GREENBERG,
Defendants.

ORDER ADOPTING RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Blackburn, J.
The matter before me is the recommendation concerning costs contained in the
magistrate judge’s Report & Recommendation on Defendants’ Motion for Review of
Clerk’s Decision on Taxing of Costs (Docket No. 127) and Plaintiff’s Motion for
Review of Clerk’s Bill of Costs (Docket No. 128) [#136],1 filed November 18, 2014.
No timely objection having been filed to the recommendation, I review it for plain error
only. See Morales-Fernandez v. Immigration & Naturalization Service, 418 F.3d
1116, 1122 (10th Cir. 2005). Finding no such error in the magistrate judge’s
recommended disposition, I find and conclude that the recommendation should be
approved and adopted.

1

“[#136]” is an example of the convention I use to identify the docket number assigned to a
specific paper by the court’s case management and electronic case filing system (CM/ECF). I use this
convention throughout this order.

THEREFORE, IT IS ORDERED as follows:
1. That the magistrate judge’s Report & Recommendation on Defendants’
Motion for Review of Clerk’s Decision on Taxing of Costs (Docket No. 127) and
Plaintiff’s Motion for Review of Clerk’s Bill of Costs (Docket No. 128) [#136], filed
November 18, 2014, is APPROVED AND ADOPTED as an order of this court;
2. That Defendant’s Motion for Review of Clerk’s Decision on Taxing of
Costs [#127], filed October 6, 2014, is DENIED;
3. That Plaintiff’s Motion for Review of Clerk’s Bill of Costs [#128], filed
October 6, 2014, is DENIED; and
4. That the clerk of the court is DIRECTED to AMEND the Bill of Costs [#117],
filed September 2, 2014, to reduce the amount awarded for expert witness fees by
$57,626.86 to $14,585.66, and thus to tax costs in the total amount of $48,087.10 to
plaintiff.
Dated December 12, 2014, at Denver, Colorado.
BY THE COURT:

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