Hornbeck Offshore Services, L.L.C. v. Salazar et al

Filing 288

OBJECTIONS by All Defendants re 287 Bill of Costs Taxed (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Piropato, Marissa)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF LOUISIANA

HORNBECK OFFSHORE SERVICES,
LLC, et al.
Plaintiffs,
and

CIVIL ACTION No. 10-1663(F)(2)
SECTION F

DIAMOND OFFSHORE COMPANY,
JUDGE FELDMAN
Plaintiff-Intervenors,
v.

MAGISTRATE 2
MAGISTRATE WILKINSON

THE CENTER FOR BIOLOGICAL
DIVERSITY, et al.,
Defendant-Intervenors,
and
KENNETH LEE "KEN" SALAZAR, et al,
Defendants.

MEMORANDUM OF LAW IN SUPPORT OF DEFENDANTS’ LIMITED OPPOSITION
TO THE BILL OF COSTS
Defendants, Kenneth Lee Salazar, the United States Department of the Interior, Michael
R. Bromwich, and the Bureau of Ocean Energy Management, Regulation, and Enforcement
(“Defendants”) hereby file this limited opposition pursuant to Fed. Rule. Civ. P. 54(d)(1) to the
Bill of Costs entered by the Clerk on August 29, 2011. Dkt. #287. Specifically, Defendants
object to those costs reflected in the Bill of Costs that have already been awarded to Plaintiffs.
Dkts. #265, #275 & #280. Defense counsel has conferred with Plaintiffs’ counsel, who
indicated that Plaintiffs agree that they are not entitled to recover the same costs twice.

Defendants request that this Court reduce the Bill of Costs by $276.38 to reflect costs
already awarded to Plaintiffs. Under this Court’s Order, Plaintiffs were awarded costs between
June 22 and September 29, 2010 for Jones Walkers’ copying charges and the cost of
stenographic transcripts of two hearings. See Dkt. #265 at 57, #275 at 6. Plaintiffs’ costs were
then reduced by 75% “to account for lack of evidence of the necessity and reasonableness of the
costs and the lack of evidence of billing judgment.” Dkt. #265 at 57.
In their bill of costs, Plaintiffs seek $667 in copying costs from June 22 to September 29,
2010 and $438.50 in stenographic transcript fees incurred on June 24 and August 19, 2010 for
two hearings. See Dkt. #282.; Ex. A (highlighting copying costs on Plaintiffs’ bill). Applying
this Court’s 75% reduction to $1105.5 (i.e., $667 + $438.50), $276.38 of the costs taxed by the
Clerk are part of the costs awarded to Plaintiffs in the August 3, 1011 Final Judgment entered by
this Court. Dkt. #280.
Defendants thus respectfully request that this Court reduce the Bill of Costs taxed by the
Clerk by $276.38 to $3,710.51 to prevent any double recovery.

Respectfully submitted, September 6, 2011

IGNACIA S. MORENO
Assistant Attorney General
U.S. Dept. of Justice, Env’t & Nat. Resources Div.
/s/Marissa A. Piropato
GUILLERMO A. MONTERO (T.A.)
BRIAN COLLINS
KRISTOFOR R. SWANSON
MARISSA A. PIROPATO
Natural Resources Section
PO Box 663
Washington, DC 20016
DEFENDANTS’ LIMITED OPP’N TO BILL OF COSTS

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Tel: [phone]
PETER MANSFIELD
Assistant United States Attorney
Eastern District of Louisiana
Hale Boggs Federal Building
500 Poydras Street, Suite B-210
New Orleans, Louisiana 70130
Tel: [phone]

DEFENDANTS’ LIMITED OPP’N TO BILL OF COSTS

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CERTIFICATE OF SERVICE
I hereby certify that on September 6, 2011, I caused a copy of the foregoing to be served
through the Court’s CM/ECF System to all parties.

/s/ Marissa A. Piropato
Marissa A. Piropato

DEFENDANTS’ LIMITED OPP’N TO BILL OF COSTS

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