AO 133 (Rev. 07/24) Bill of Costs UNITED STATES DISTRICT COURT for the Northern District of New York ) Michael McCallion ) Vv. ) Case No.: 9:22-CV-253 ) C.O. Matthew Marra )
BILL OF COSTS Judgment having been entered in the above entitled action on 3/21/2025 against Plaintiff Date the Clerk is requested to tax the following as costs: Fees of the Clerk 2.0... cence tenet teen ee tne tenet $ Fees for service of summons and subpoena 1.0... teen eeee Fees for printed or electronically recorded transcripts necessarily obtained for use in the case...... 2,083.08 Fees and disbursements for printing .. 2.2... □□ eee eee Fees for witnesses (itemize on page WO) oo eee eee eens 164.64 Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case... 2... eee □□□ eeee 165.00 Docket fees under 28 U.S.C. § 1923 20. eens Costs as shown on Mandate of Court of Appeals... 2... eee Compensation of court-appointed experts 2... eee eens Compensation of interpreters and costs of special interpretation services under 28 U.S.C. § 1828 .... Other costs (please itemize) 66. eee ee eee eee eens TOTAL § 2,412.72 SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories. Declaration I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties in the following manner: lV | Electronic service [| First class mail, postage prepaid | Other: s/ Attorney: s/Jorge A. Rodriguez Name of Attorney: Jorge A. Rodriguez For, Defendants Date: 4/4/2025 Name of Claiming Party Taxation of Costs Costs are taxed in the amount of $2,412.72 for the reasons stated a wee th a i and included in the judgment. —) Qa Tl i if EFT iaAnaes
WJINLT I DL DOLZIOLININ I WVUIAN!L Witness Fees (computation, cf. 28 U.S.C. § 1821 for statutory fees) ATTENDANCE SUBSISTENCE TRAVEL Total Cost NAME, CITY AND STATE OF RESIDENCE Total Total |Expenses/ Total Each Witness Days Cost Days Cost Miles Cost Jeff Villeneuve, Gouverneur, NY, testified 300 | 92.39 92.30 on March 20, 2025 : $82. Keri Woods, Gouverneur, NY, testified on March 20, 2025 392 | 82.32 $82.32
$0.00
NOTICE Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: “Sec. 1924. Verification of bill of costs.” “Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.” See also Section 1920 of Title 28, which reads in part as follows: “A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.” The Federal Rules of Civil Procedure contain the following provisions: RULE 54(da)(1) Costs Other than Attorneys’ Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days’ notice. On motion served within the next 7 days, the court may review the clerk’s action. RULE 6 (d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). RULE 58(e) Cost or Fee Awards: Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.
| Inn =n "SG
ITEMIZATION AND DOCUMENTATION
Fees for printed or electronically recorded transcripts necessarily obtained for use in the case, 28 U.S.C. §1920(2)
Attached hereto as Exhibit A are the invoices concerning the transcription of the depositions of Plaintiff Michael McCallion, taken on April 4, 2023; Dr. Lloyd Loft, taken on August 31, 2023; Dr. Lloyd Loft, taken on January 20, 2025; and Dr. Timothy Moon, taken on February 28, 2025, totaling $2,083.08. The deposition transcripts were necessary because the individuals deposed were either parties to this action or testified at the trial on March 17-20, 2025. See Yunus v. Jones, No. 9:16-CV-1282, 2020 WL 3026238, at *3 (N.D.N.Y. June 5, 2020); 28 U.S.C § 1920(2); NDNY Guidelines for Bills of Costs at D(1)(c), (d). Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case, 28 U.S.C. §1920(4)
The cost is $165.00, for copying 660 pages at $0.25 per page. The 660 pages were necessary in that they consist of Defendants’ Rule 26 mandatory disclosures, supplemental disclosures, and responses to Plaintiff’s discovery demands. See Yunus v. Jones, No. 9:16-CV- 1282, 2020 WL 3026238, at *3 (N.D.N.Y. June 5, 2020); 28 U.S.C § 1920(4); NDNY Guidelines for Bills of Costs at (H)(1)(g). Witness Fees, 28 U.S.C. § 1920(3) Attached hereto as Exhibit B is the google map printout that indicates the milage between Gouverneur Correctional Facility in Gouverneur, New York and the James T. Foley Courthouse, 445 Broadway, Albany, NY, for non-party travel costs of witnesses Keri Woods and Jeff Villeneuve (charged at the rate of 0.21 cents per mile, per 28 U.S.C. § 1821(c)(2)), who testified at trial on March 20, 2025. See NDNY Guidelines for Bills of Costs at (F)(1)(b). Exhibit A Associ ated Phone - 518-465-8029 | □□□□□ Re po rte rs Email - ARI[@courtsteno.com International Incorporated sill To Reporters Int'l., Inc. NYS AG's Office . . Attn: Nicholas Dorando, Esq. River Drive . The Capitol New York Box 16° Albany, NY 12224 NY 13662 ys
Free access — add to your briefcase to read the full text and ask questions with AI
AO 133 (Rev. 07/24) Bill of Costs UNITED STATES DISTRICT COURT for the Northern District of New York ) Michael McCallion ) Vv. ) Case No.: 9:22-CV-253 ) C.O. Matthew Marra )
BILL OF COSTS Judgment having been entered in the above entitled action on 3/21/2025 against Plaintiff Date the Clerk is requested to tax the following as costs: Fees of the Clerk 2.0... cence tenet teen ee tne tenet $ Fees for service of summons and subpoena 1.0... teen eeee Fees for printed or electronically recorded transcripts necessarily obtained for use in the case...... 2,083.08 Fees and disbursements for printing .. 2.2... □□ eee eee Fees for witnesses (itemize on page WO) oo eee eee eens 164.64 Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case... 2... eee □□□ eeee 165.00 Docket fees under 28 U.S.C. § 1923 20. eens Costs as shown on Mandate of Court of Appeals... 2... eee Compensation of court-appointed experts 2... eee eens Compensation of interpreters and costs of special interpretation services under 28 U.S.C. § 1828 .... Other costs (please itemize) 66. eee ee eee eee eens TOTAL § 2,412.72 SPECIAL NOTE: Attach to your bill an itemization and documentation for requested costs in all categories. Declaration I declare under penalty of perjury that the foregoing costs are correct and were necessarily incurred in this action and that the services for which fees have been charged were actually and necessarily performed. A copy of this bill has been served on all parties in the following manner: lV | Electronic service [| First class mail, postage prepaid | Other: s/ Attorney: s/Jorge A. Rodriguez Name of Attorney: Jorge A. Rodriguez For, Defendants Date: 4/4/2025 Name of Claiming Party Taxation of Costs Costs are taxed in the amount of $2,412.72 for the reasons stated a wee th a i and included in the judgment. —) Qa Tl i if EFT iaAnaes
WJINLT I DL DOLZIOLININ I WVUIAN!L Witness Fees (computation, cf. 28 U.S.C. § 1821 for statutory fees) ATTENDANCE SUBSISTENCE TRAVEL Total Cost NAME, CITY AND STATE OF RESIDENCE Total Total |Expenses/ Total Each Witness Days Cost Days Cost Miles Cost Jeff Villeneuve, Gouverneur, NY, testified 300 | 92.39 92.30 on March 20, 2025 : $82. Keri Woods, Gouverneur, NY, testified on March 20, 2025 392 | 82.32 $82.32
$0.00
NOTICE Section 1924, Title 28, U.S. Code (effective September 1, 1948) provides: “Sec. 1924. Verification of bill of costs.” “Before any bill of costs is taxed, the party claiming any item of cost or disbursement shall attach thereto an affidavit, made by himself or by his duly authorized attorney or agent having knowledge of the facts, that such item is correct and has been necessarily incurred in the case and that the services for which fees have been charged were actually and necessarily performed.” See also Section 1920 of Title 28, which reads in part as follows: “A bill of costs shall be filed in the case and, upon allowance, included in the judgment or decree.” The Federal Rules of Civil Procedure contain the following provisions: RULE 54(da)(1) Costs Other than Attorneys’ Fees. Unless a federal statute, these rules, or a court order provides otherwise, costs — other than attorney’s fees — should be allowed to the prevailing party. But costs against the United States, its officers, and its agencies may be imposed only to the extent allowed by law. The clerk may tax costs on 14 days’ notice. On motion served within the next 7 days, the court may review the clerk’s action. RULE 6 (d) Additional Time After Certain Kinds of Service. When a party may or must act within a specified time after being served and service is made under Rule 5(b)(2)(C) (mail), (D) (leaving with the clerk), or (F) (other means consented to), 3 days are added after the period would otherwise expire under Rule 6(a). RULE 58(e) Cost or Fee Awards: Ordinarily, the entry of judgment may not be delayed, nor the time for appeal extended, in order to tax costs or award fees. But if a timely motion for attorney's fees is made under Rule 54(d)(2), the court may act before a notice of appeal has been filed and become effective to order that the motion have the same effect under Federal Rule of Appellate Procedure 4(a)(4) as a timely motion under Rule 59.
| Inn =n "SG
ITEMIZATION AND DOCUMENTATION
Fees for printed or electronically recorded transcripts necessarily obtained for use in the case, 28 U.S.C. §1920(2)
Attached hereto as Exhibit A are the invoices concerning the transcription of the depositions of Plaintiff Michael McCallion, taken on April 4, 2023; Dr. Lloyd Loft, taken on August 31, 2023; Dr. Lloyd Loft, taken on January 20, 2025; and Dr. Timothy Moon, taken on February 28, 2025, totaling $2,083.08. The deposition transcripts were necessary because the individuals deposed were either parties to this action or testified at the trial on March 17-20, 2025. See Yunus v. Jones, No. 9:16-CV-1282, 2020 WL 3026238, at *3 (N.D.N.Y. June 5, 2020); 28 U.S.C § 1920(2); NDNY Guidelines for Bills of Costs at D(1)(c), (d). Fees for exemplification and the costs of making copies of any materials where the copies are necessarily obtained for use in the case, 28 U.S.C. §1920(4)
The cost is $165.00, for copying 660 pages at $0.25 per page. The 660 pages were necessary in that they consist of Defendants’ Rule 26 mandatory disclosures, supplemental disclosures, and responses to Plaintiff’s discovery demands. See Yunus v. Jones, No. 9:16-CV- 1282, 2020 WL 3026238, at *3 (N.D.N.Y. June 5, 2020); 28 U.S.C § 1920(4); NDNY Guidelines for Bills of Costs at (H)(1)(g). Witness Fees, 28 U.S.C. § 1920(3) Attached hereto as Exhibit B is the google map printout that indicates the milage between Gouverneur Correctional Facility in Gouverneur, New York and the James T. Foley Courthouse, 445 Broadway, Albany, NY, for non-party travel costs of witnesses Keri Woods and Jeff Villeneuve (charged at the rate of 0.21 cents per mile, per 28 U.S.C. § 1821(c)(2)), who testified at trial on March 20, 2025. See NDNY Guidelines for Bills of Costs at (F)(1)(b). Exhibit A Associ ated Phone - 518-465-8029 | □□□□□ Re po rte rs Email - ARI[@courtsteno.com International Incorporated sill To Reporters Int'l., Inc. NYS AG's Office . . Attn: Nicholas Dorando, Esq. River Drive . The Capitol New York Box 16° Albany, NY 12224 NY 13662 ys
Date Invoice # Job # Terms Tax ID 4/4/2023 152021 230315.9W1 16-1397123 Description Rate Amount 96 Deposition of MICHAEL MCCALLION - MCCALLION v Marra et al - 4.57 438.7 Index No.: 22-CV-253 (GLS-CFH) - 3/15/23 - Albany County - Contract C105201 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MICHAEL MCCALLION, Plaintiff, Index No.: 22-CV-253 (GLS-CFH) C.0. MATTHEW MARRA, SGT. JOSEPH COFFEY, C.O. MARCUS HART, C.0. SHAWN BARBARITO, C.0. GORDON GRIFFITH, C.0. CRAIG WEIDNER and C.0. KREG JACKSON, Defendants. DEPOSITION OF:MICHAEL MCCALLION DATE:March 15, 2023 TIME:11:04 a.m. to 12:50 p.m. VENUE:WebEx
Total $438.
Associ ated Phone - 518-465-8029 I nvoic Re po rte rs Email - ARI[@courtsteno.com International Incorporated sill To Reporters Int'l., Inc. NYS AG's Office . . Attn: Nicholas Dorando, Esq. River Drive . The Capitol New York Box 165 Albany, NY 12224 NY 13662
Date Invoice # Job # Terms Tax ID 8/31/2023 152678 230823.9Cb1 16-1397123 Description Rate Amount Appearance Fee: Evening Appearance - 8/23/23 - After Hours - OFF 175.00 175. CONTRACT 76 Deposition of DR. LLOYD LOFT - McCallion v Marra/Coffey et al - 4.86 369.: Index No.: 22-CV-253 - 8/23/23 - After Hours - OFF CONTRACT UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK MICHAEL MCCALLION, Plaintiff, vindex No.: 22-CV-253 C.0. MATTHEW MARRA, SERGEANT (GLS-CFH) JOSEPH COFFEY, C.0. MARCUS HART, C.0. SHAWN BARBARITO, C.0. GORDON GRIFFITH, C.O. CRAIG WEIDNER AND KREG JACKSON, Defendants. DEPOSITION OF:DR. LLOYD LOFT DATE:August 23, 2023 TIME:6:38 p.m. to 7:46 p.m. VENUE:WebEx
Total $544.
LNVUVULVE .. One Lincoln Center ii 110 West Fayette Street, Suite 750 35369 1/22/2025 32600 Syracuse, New York 13202 Job Date Case No. LEGAL = #228280 1/20/2025 22-CV-00253 Case Name McCallion vs C.O. Matthew Marra, et al. Jorge A. Rodriguez Office of the Attorney General of New York Payment Terms The Capitol Albany, NY 12224 Due upon receipt, 1.5% after 30 days
Dr. Lloyd Loft Remote Legal - Transcript Copy 3.00 Hours @ 200.000 600. TOTAL DUE >>> $600.1
you for your valued business! agrees to pay all costs associated with the collection of a delinquent balance including but not limited to collectior gency fees, reasonable attorney fees, and court costs. note that a 3% processing fee is added to the balance on all credit card payments. have questions, please email us at support@remotelegal.com. To make an online payment, please visit and click on 'Make A Payment’.
ID: 842527629 Please detach bottom portion and return with payment. Job No. : 32600 BU ID □□□ Case No. : 22-CV-00253 A. Rodriguez Case Name_ : McCallion vs C.O. Matthew Marra, et al. of the Attorney General of New York Capitol . . NY 12224 Invoice No. : 35369 Invoice Date : 1/22/2025 Total Due -: $600.00 PAYMENT WITH CREDITCARD = ivex □□□ □□□□ Cardholder's Name: Card Number: Exp. Date: Phone#: To: Precision Reporters - Remote Legal Billing Address: PO Box 773010 Sy Detroit, MI 48277-3010 Zip: Card Security Code: Amount to Charge: fCrardhaldarie Clanatiiro:
LNVUVULVE .. One Lincoln Center ii 110 West Fayette Street, Suite 750 37022 2/28/2025 34125 Syracuse, New York 13202 Job Date Case No. LEGAL = #228280 2/28/2025 22-CV-00253 Case Name McCallion vs C.O. Matthew Marra, et al. Jorge A. Rodriguez Office of the Attorney General of New York Payment Terms The Capitol Albany, NY 12224 Due upon receipt, 1.5% after 30 days
Dr. Timothy Moon Remote Legal - Transcript Copy 2.50 Hours @ 200.000 500. TOTAL DUE >>> $500.1
you for your valued business! agrees to pay all costs associated with the collection of a delinquent balance including but not limited to collectior gency fees, reasonable attorney fees, and court costs. note that a 3% processing fee is added to the balance on all credit card payments. have questions, please email us at support@remotelegal.com. To make an online payment, please visit and click on 'Make A Payment’.
ID: 842527629 Please detach bottom portion and return with payment. Job No. 34125 BU ID □□□ Case No. : 22-CV-00253 A. Rodriguez Case Name_ : McCallion vs C.O. Matthew Marra, et al. of the Attorney General of New York Capitol . . NY 12224 Invoice No. : 37022 Invoice Date : 2/28/2025 Total Due -: $500.00 PAYMENT WITH CREDITCARD = ivex □□□ □□□□ Cardholder's Name: Card Number: Exp. Date: Phone#: To: Precision Reporters - Remote Legal Billing Address: PO Box 773010 Sy Detroit, MI 48277-3010 Zip: Card Security Code: Amount to Charge: fCrardhaldarie Clanatiiro:
Exhibit B Gouverneur Correctional Facility to 445 Drive 196 miles, 3 hr 24 min Broadway, Albany, NY woucisca any nussen = : □□□□ Thomasburg senna fe) Js Bloominge3ie innington g □□□□□□□□□ Yarker Lake(Ciear f i □ ana “AleXandria , Gouverneurcs □□ fal {s) —Gananoque Bay. Correctional Facili Saranac Lake Hinesburg □ tu} y te Pin, a | □ @ fl oP oe 2) Ge) aw es Lake Placid 3 □□ : 2 \ Ke eh Kingston Clayton \ one crap OAR sac why } ; —— napates Theresa (ake pe Elizabethtown Ferrisburgn Shannonville P Batt oe a {12) wtdean Waitsfield Belleville: q ral if } ? Vergennes «i caplet | / Pitadetphia Haggeville Steselfak ©) mimarcy o □□□□□□□□ □ a i = / Warren tute nest au, aS aramen 7 sensahits 3 hr 59min } ro us Fort Drm, @ Five Ponds Port Henry Presquile Prince-Edward 12) Dexter. Wilderness { ___ Middlebury wateftown Carthage Loner Nawcome, } ( { {i} Sackeis Harbor / @ f □ w L 3 Hoffmanh 4 □ Sand Banks ss 4 A Croghan Notch } fam@Center Pigeon Lake dj Ticond i eu) (Ga Pharaoh Lake Pip Bett Adams Wildemess \ Covet Mingeva ee 7 | Wild Forest NorthiCreek 34 @ / J 2 @ Green, 9 West Canada Mountain Eyer Tee Jefinsbarg ycastetor □□□□□□□□□□□ □□□□□□□□□ pu jen Wilderness □□ witha a Pouline, fn CS so\Mie acre speculatoh Warrengoura □ Pee SD ee oy \ Wallingford | Lake|George | 43 hr24 min (8). Wells oy □□□□□□□ @ f) 128 miss Silver Lake & Cama Sterling }rutton { angen Wilderness Giefis Falls. } 3 hr 36 min Go) I 200 miles Ferris Lake GLEE Doiset et | Sodus @ —~ ontario {03} Wolcott @ (as) Oneids Lacs J Ro Wild Forest □□ □□□ □□□□□□□ ® Baldwingvite ge? Ges) ) & Sapo’ oN vies eet a) Mayfield we re ©, vars evade ee ee 5 olgeville 5 soir Bibld ta -—syracuse) i Gloversville sy □ j Newark ZA y' suse) Chittefiango Clinton} ® Meslines ) □ @ camehidge ——_ _ (Manlius Paris | Stwobasville Johnstown Ballston Spa i a Victor. ———~7j}—$—_ a ta ©, i } □ —— auburn om Fortgain Rpamamstendam {a J ®-senecd Falls @ {ax}, a0} {20} Mechanicville ¢ J Canandaigua __ a (aah Bennington □□ {20}-—Geneva oy @ 20 □□□□□□□□□ □□ | Hamilton &) @ hénectady 2 i es 3 j 2 i @ 2) Cohbes 5 Eariville ob La y □ % J a a 4 % ao ae Cooerstown er, youn tate Capitol North adams Pennvan □□ Ge) A } Schonate SS Oo e omer Gy New Beflin J 7 oh Adams =) Naples} g Cortlang a Middleburgh □□□□ 4 Trumansburg) XN nnthifen A ww VA Dee Map data ©2025 Google — 10 rj Leen! ia NY-12 S and I-90 E 3 hr 24 mi Fastest route, the usual traffic 196 miles
-vial-87S 3 hr 59 mi
Aa l-90 E 3 hr 36 mi
Explore new places along this route