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Phillips v. Duane Morris, LLP

United States District Court, District of Colorado

December 12, 2014

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

Robert E. Blackburn Judge

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.

THEREFORE, IT IS ORDERED as follows:

1. That the magistrate judges Report & Recommendation on Defendants’ Motion for Review of Clerk’s Decision on Taxing of Costs (Docket No. 127) and Plaintiffs 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.


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