Motion to Tax Costs (Judge Gail A. Andler)


Barnes Crosby et al.

Plaintiff Barnes, Crosby, Fitzgerald & Zeman, LLP (?BCFZ?) has filed twoMotions to Tax Costs, as to: (1) the amended Memorandum of Costs (?MOC?) submitted by McNicholas & McNicholas (?M&M?) on 7/21/16, and (2) the MOC submitted by Ringler, Kearney & Alvarez, LLP, Jerome Ringler, Thomas Kearney and Paul Alvarez (the ?RKA Defendants?) on 7/21/16.

For the Motion concerning M&M?s MOC, BCFZ and M&M submitted a stipulation on 8/25/16 agreeing to adjust the sum claimed for expert fees for Ms. Nelson and Ms. Matthai to $22,871.50. The Court approves that stipulation and finds it reasonable under the circumstances here. The total sum awarded to M&M on its MOC is therefore $61,343.87.

?The parties do not dispute that these defendants may recover expert fees based on a C.C.P. ? 998 offer that Plaintiff did not accept: the dispute is only as to whether the sums claimed for the services of Ms. Nelson, Mr. Steele, and the Hon. William Pate (Ret.) were reasonably necessary to their defense of the action. Please be prepared to address this in argument.