New Mexico Oncology and Hematology Consultants, Ltd. v. Presbyterian Healthcare Services et al

Filing 883

ORDER ADOPTING 882 REPORT AND RECOMMENDATIONS by District Judge Martha Vazquez ; GRANTING 869 ORDER on Motion to Review Clerk's Order Settling Costs. See order for specifics. (gr)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

NEW MEXICO ONCOLOGY AND
HEMATOLOGY CONSULTANTS, LTD.,
Plaintiff,
v.

No. CIV 12-526-MV-GBW

PRESBYTERIAN HEALTHCARE
SERVICES, et al.,
Defendants.

ORDER ADOPTING MAGISTRATE JUDGE’S
PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter comes before me pursuant to Defendants’ Motion to Tax Costs [Doc. 855]
and Defendants’ Motion for Review of Clerk’s Order Settling Costs [Doc. 869].
On March 26, 2020, the Magistrate Judge filed his Proposed Findings and Recommended
Disposition (PFRD), recommending an award of Defendants’ itemized costs [Doc. 855-2],
except for the cost of obtaining a transcript of the deposition of witness Stephen Quesada. Doc.
882 at 3-8. The Magistrate Judge also recommended staying enforcement of the award until
resolution of Plaintiff’s appeal in the Tenth Circuit. Id. at 8-10. Objections to the PFRD were
due on April 9, 2020 and no party has filed objections. Further, upon review of the record, I
concur with the Magistrate Judge’s findings and recommendations.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge’s Proposed Findings and
Recommended Disposition [Doc. 882] are ADOPTED. Defendants’ Motion for Review of Clerk’s
Order Settling Costs [Doc. 869] is GRANTED and Plaintiff is ORDERED to pay costs to
Defendants in the total amount of $85,188.98.

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IT IS FURTHER ORDERED that execution of the award shall be stayed, without requiring
Plaintiff to post a supersedeas bond, during the pendency of Plaintiff’s appeal in the Tenth Circuit.

MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE

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