Utilisave, LLC v. Khenin

• Court: Court of Chancery of Delaware
• Decided: July 15, 2016
• Docket: CA 7796-MZ (VCS)
• Status: Published

Opinion

EFiled: Jul 15 2016 04:28PM EDT Transaction ID 59286611 Case No. 7796-MZ COURT OF CHANCERY OF THE STATE OF DELAWARE

417 S. State Street JOSEPH R. SLIGHTS III Dover, Delaware 19901 VICE CHANCELLOR Telephone: (302) 739-4397 Facsimile: (302) 739-6179

July 15, 2016

John G. Harris, Esquire Mr. Mikhail Khenin Berger Harris LLP 1561 East 12th Street 1105 North Market Street, Suite 1100 Brooklyn, NY 11230 Wilmington, DE 19801 mykhenin@gmail.com

Re: Utilisave, LLC v. Khenin C.A. No. 7796-MZ (VCS) Date Submitted: July 11, 2016

Dear Mr. Khenin and Mr. Harris:

I am in receipt of Plaintiffs’ Motion for Costs in Accordance with Court of

Chancery Rule 54(d). The motion is denied without prejudice. According to

Exhibit A to the motion, Plaintiffs are seeking to have the Court tax as costs to the

Defendant items that are not taxable under the rule including, as non–exhaustive

examples: photocopying costs – Hutchinson v. Fish Eng’g Corp., 204 A.2d 752

(Del. Ch. 1964); travel expenses – Id.; court transcript fees – Foley v. Elkton Plaza,

LLC, 2007 WL 959521 (Del. Super. Mar. 30, 2007); courier services – Kuratle

Cont., Inc. v. Linden Green Cond. Assoc., 2014 WL 5391291 (Del. Super. Oct. 22,

2014); and computerized legal research – Pharmathene, Inc. v. Siga Tech., Inc., Utilisave, LLC v. Khenin C.A. No. 7796-MZ (VCS) July 15, 2016 Page 2

2012 WL 2146000 (Del. Ch. May 31, 2012). If Plaintiffs choose to re-file their

motion, they must break down their costs by category and cite appropriate

authority as support for their position that the Court may tax such items as costs

against the Defendant.

IT IS SO ORDERED.

Very truly yours,

/s/ Joseph R. Slights III

JRSIII/cap cc: Register in Chancery-K