CAMESI et al v. UNIVERSITY OF PITTSBURGH MEDICAL CENTER et al

Filing 549

ORDER. This Court's Order (Doc. 521 ) denying Plaintiffs' Motion to vacate or reduce the amount of costs awarded is REINSTATED. The Court will issue, contemporaneously herewith, a Rule 58 judgment as relates to the Bill of Costs. Signed by Judge Cathy Bissoon on 12/18/17. (dcd)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KAREN CAMESI, et al.,
Plaintiffs,
v.
UNIVERSITY OF PITTSBURGH
MEDICAL CENTER, et al.,
Defendants.

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Civil Action No. 09-85J
Judge Cathy Bissoon

ORDER
The Court − as factfinder – has determined that the only competent evidence of record
establishes that “Process[ing] to Ontrack Inview” was the means by which native files were
converted to TIFF format; and, consequently, the costs associated with it are recoverable under
Race Tires. See Nov. 15th Order (Doc. 545) at 1-2. On this basis, alone and independently,
the award of $310,000 in the Bill of Costs is sustainable.
Recognizing that this determination likely would be appealed, the Court permitted
Defendants to supplement the record at the trial-court level, so that any remaining information
regarding the salient issues would be available to the Court of Appeals for the Third Circuit.
The sworn statement by Defendants’ witness confirms, and bolsters, this Court’s interpretation of
the Hearing-testimony,1 which – as noted above – was the only competent evidence of record.
Plaintiffs’ process-related objections to supplementation notwithstanding, there now remains no
doubt as to recoverability, either in the legal-sense or as a matter of objective reality.

See Doc. 546-1 at ¶ 3 (“[t]here was no incremental or separate charge for loading the TIFFs
to the Inview platform[,] . . . it was a single procedure . . . [with] a single charge”).
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Accordingly, this Court’s Order (Doc. 521) denying Plaintiffs’ Motion to vacate or
reduce the amount of costs awarded is REINSTATED. The Court will issue, contemporaneously
herewith, a Rule 58 judgment as relates to the Bill of Costs.
IT IS SO ORDERED.

December 18, 2017

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All Counsel of Record

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