SCO Grp v. Novell Inc

Filing 574

DECLARATION of David E. Melaugh re 573 Bill of Costs filed by Novell, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sneddon, Heather)

SCO Grp v. Novell Inc

Doc. 574

MORRISON & FOERSTER LLP Michael A. Jacobs, pro hac vice Eric M. Acker, pro hac vice Kenneth W. Brakebill, pro hac vice Marc J. Pernick, pro hac vice David E. Melaugh, pro hac vice 425 Market Street San Francisco, CA 94105-2482 Telephone: [phone] Facsimile: [phone] ANDERSON & KARRENBERG Thomas R. Karrenberg, #3726 Heather M. Sneddon, #9520 700 Chase Tower 50 West Broadway Salt Lake City, UT 84101 Telephone: [phone] Facsimile: [phone] Attorneys for Defendant and Counterclaim-Plaintiff Novell, Inc.

IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE SCO GROUP, INC., a Delaware corporation, Plaintiff and CounterclaimDefendant vs. NOVELL, INC., a Delaware corporation, Defendant and CounterclaimPlaintiff.

DECLARATION OF DAVID E. MELAUGH IN SUPPORT OF NOVELL'S BILL OF COSTS

Case No. 2:04CV00139 Judge Dale A. Kimball

Dockets.Justia.com

I, David E. Melaugh, declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and an

associate at the law firm of Morrison & Foerster LLP, counsel of record for Defendant and Counterclaim-Plaintiff Novell, Inc. ("Novell") in this action. I was admitted to practice before this Court pro hac vice by this Court's Order of July 30, 2004. The statements made herein are based on my personal knowledge. 2. 3. On November 20, 2008, the Court entered final judgment. (Docket No. 565.) Novell is a "prevailing party" in this action because it prevailed against every claim

asserted by SCO and has prevailed on the bulk of its counterclaims. 4. Under Federal Rule of Civil Procedure 54(d)(1), Novell is presumptively entitled to

recover its taxable costs. Fed. R. Civ. P. 54(d)(1) ("[C]osts ­ other than attorney's fees ­ should be allowed to the prevailing party."). 5. Allowable costs under Federal Rule of Civil Procedure 54(d)(1) are identified in

28 U.S.C. §§ 1821, 1920, 1923, and Local Rule 52-2. Novell moves for the following costs, all of which are allowed by law, are correctly stated, and were actually and necessarily performed or incurred during this litigation: 6. Fees of the Clerk in the amount of $290.00, as further described in Exhibit 1.

These fees are taxable pursuant to 28 U.S.C. §§ 1920(5), 1923 and Local Rule 54-3(a)(1) ("The Clerk's filing fee is allowable if paid by the claimant."). 7. Fees for service of summons and subpoenas in the amount of $2,810.50, as further

described in Exhibit 2. These fees are taxable pursuant to 28 U.S.C. § 1920(1). 8. Fees of the court reporter and deposition costs in the amount of $124,331.70, as

further described in Exhibit 3. Court reporter fees for hearing and trial transcripts are taxable
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CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 10th day of December, 2008, I caused a true and correct copy of the DECLARATION OF DAVID E. MELAUGH IN SUPPORT OF NOVELL'S BILL OF COSTS to be served to the following: Via CM/ECF: Brent O. Hatch Mark F. James HATCH JAMES & DODGE, P.C. 10 West Broadway, Suite 400 Salt Lake City, Utah 84101 Stuart H. Singer William T. Dzurilla Sashi Bach Boruchow BOIES, SCHILLER & FLEXNER LLP 401 East Las Olas Blvd., Suite 1200 Fort Lauderdale, Florida 33301 David Boies Edward J. Normand BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 Devan V. Padmanabhan John J. Brogan DORSEY & WHITNEY, LLP 50 South Sixth Street, Suite 1500 Minneapolis, Minnesota 55401 Via U.S. Mail, postage prepaid: Stephen Neal Zack BOIES, SCHILLER & FLEXNER LLP 100 Southeast Second Street, Suite 2800 Miami, Florida 33131 /s/ Heather M. Sneddon