Gricol v. Sipple.
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SUPERIOR COURT
OF THE
STATE OF DELAWARE
WILLIAM C. CARPENTER, JR.
JUDGE
NEW CASTLE COUNTY COURTHOUSE
500 NORTH KING STREET, SUITE 10400
WILMINGTON, DE 19801-3733
TELEPHONE (302) 255-0670
May 13, 2013
Raymond W. Cobb, Esquire
1001 North Jefferson Street, Suite 208
Wilmington, DE 19801
Anthony Forcina, Esquire
220 Continental Drive, Suite 205
Newark, DE 19713
Submitted: March 29, 2013
Decided: May 13, 2013
RE:
Jeffrey and Greta Gricol v. Linda Sipple
C.A. No. N11C-09-186 EMD
Upon Plaintiffs’ Motion for Costs, Fees and Interest - GRANTED IN PART
Dear Counsel:
The plaintiffs have filed a Motion for Costs, Fees and Interest in the abovecaptioned matter. As the prevailing party, plaintiff is entitled to court costs
pursuant to Rule 54(d) of the Superior Court Civil Rules. The following is the
Court’s decision regarding the costs requested.
The Court first finds that the filing fee, service fee and costs associated with
the filing of documents in LexisNexis are fair and appropriate and should be
awarded. The plaintiffs’ Motion reflects court and trial fees in the amount of
$344.00 and a LexisNexis billing of $293.50.
Next the plaintiffs argue that they are entitled to deposition costs associated
with the testimony of Dr. Baar. Dr. Baar’s deposition was read into the record and
thus is an allowable cost under Rule 54(h). However, the Court, at this time, is
unable to determine the actual cost associated with the taking of this deposition.
The documentation provided to the Court in the Motion is simply a fee schedule of
the doctor and does not reflect an actual invoice or other evidence of billing for
this service. The plaintiffs assert in their motion that the deposition cost was
$1900.00 and this amount is reflected in the fee schedule. However, while the
Court finds this amount to be reasonable, without additional documentation
evidencing actual billing or payment, it believes it would be inappropriate to
order. As such, this amount will not be ordered at this time, but the Court will
give the plaintiff until May 31, 2013 to provide the appropriate documentation.
There is supporting documentation reflecting the court reporter costs for the
deposition in the amount of $595.23 and that amount will be ordered.
Finally, the plaintiffs are requesting prejudgment interest regarding this
verdict. The Court finds that the provisions of Title 6, Del. C. § 2301 (d) have not
been met and therefore interest is inappropriate.
As a result, the following costs will be awarded without prejudice to the
plaintiff to submit additional documentation regarding Dr. Baar.
(A)
Court Costs and trial fee
$344.00
(B)
LexisNexis filings
$293.50
(C)
Deposition Transcript
$595.23
$1232.73
The parties also agree that the amount of costs awarded should be reduced
by the $500 previously ordered by Judge Ableman on October 26, 2012. As such,
the total costs awarded by this Order will be $732.73.
IT IS SO ORDERED.
/s/ William C. Carpenter, Jr.
WCCjr:twp
cc: Civil Case Manager
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