notice to assess costs university of minnesota weiss

8/7/2019 Notice to Assess Costs University of Minnesota Weiss

1/6

STATE OF MINNESOTA DISTRICT COURT

COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT

MARY WEISS, on her own behalf, and asnext of kin and Trustee ofthe estate of

DAN MARKINGS ON, deceased,

WRONGFUL DEATHCOURT FILE NO. 27 CV-07-1679

HON. JOHN L. HOLAHAN

Plaintiff,

v.

BOARD OF REGENTS FOR UNNERSITYOF MINNESOTA; DR. STEPHEN OLSON;DR. CHARLES SCHULTZ;INSTITUTIONAL REVIEW BOARD FORUNNERSITY OF MINNESOTA;

ASTRAZENECA PHARMACEUTICALSLP; ASTRAZENECA LP; & ZENECA,INC.,

DEFENDANTS BOARD OF REGENTSOF THE UNIVERSITY OF

MINNESOTA AND INSTITUTIONALREVIEW BOARD'S NOTICE OF

TAXATION OF COSTS AND BILL OFCOSTS AND DISBURSEMENTS

Defendants.

TO: PLAINTIFF NAMED, and GALE D. PEARSON, ESQ., her attomeys, PEARSON,RANDALL & SCHUMACHER, 1012 Grain Exchange Building, 400 South FourthStreet, Minneapolis, MN 55415

PLEASE TAKE NOTICE that the defendants Board of Regents of the University of

Minnesota and Institutional Review Board will request to the COUli Administrator without

hearing that the Bill of Costs and Disbursements of these defendants be taxed and inserted into

the Judgment in the above-referenced matter. .

GERAGHTY, O'LOUGHLIN & KENNEY,Professional Association

By e~,~David C. Hutchinson (#48501)Charles A. Gross (#254174)Carrie Nearing (#291791)

Attomeys for Defendant Board of Regentsof the University of MinnesotaAlliance Bank Center, Suite 110055 East Fifth StreetSaint Paul, MN 55101-1812(651) 291-1177


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PLEASE TAKE NOTICE that application is herewith made to the Clerk of the above-

named District Court to have the within Bill of Costs and Disbursements taxed and inserted into

the Judgment which has been previously filed.

CHARLES A. GROSS, being duly swom, on oath, states:

1. That I am one of the attomeys who represents defendants Board of Regents of the

University of Minnesota and Institutional Review Board in the above-entitled action.

2. That the following is a true statement of the Costs and Disbursements of

defendants Board of Regents of the University of Minnesota and Institutional Review Board and

that each and every item has necessarily been paid or incurred in the defense of this lawsuit: See

attached.

3. Defendants Board of Regents of the University of Minnesota and Institutional

Review Board were summarily dismissed from the action by Order of the Honorable John L.

Holahan; that an Order granting partial summary judgment in favor of these defendants was

issued on February 11, 2008; that Judgment was entered on April 24, 2008; and no appeal has

been taken. Attached as Exhibit 1 is a true and correct copy of the Notice of Entry of Judgment.

Charles A. Gross?ubscri2~d and sworn ~obefore methis~lX-Ziay orO (k..Q ,2008.

2


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COSTS AND DISBURSEMENTSOF DEFENDANTS BOARD OF REGENTS OFTHE UNIVERSITY OF MINNESOTA AND

INSTITUTIONAL REVIEW BOARD

a. Statutory Costs (per Minn. Stat. 549.02) $200.00

b. Civil Filing Fee 250.00

c. Jury Fee 75.00

d. Motion Filing Fees:

1.2.

Motion for Summary JudgmentResponse to Plaintiffs Motion to Amend and Fax FilingFeeReply Memorandum in Support of Motion for SummaryJudgment

3.

e. Costs of Obtaining Medical Records:

1. Boston Health Care Systems, Inc. (1 /3 share)-Duplication of additional materialsHealthl'artners (1/3 share)Regina Medical Center (coroner records)Regions Hospital

2.3.4.

f. Expenses Associated with Reviewing Experts:

1.2.3.4.

Paul S. Applebaum, M.D.Robin Shapiro, Drinker Biddle & Reath, LLPRichard Lentz, M.D.Ernest D. Prentice, Ph.D.

g. Deposition Expenses

4.

1. Stephen Olson, M.D. (5/1/07)-Video duplication (1/2 of shared invoice with Dr.Schulz)-Duplication (1/2 of shared invoice with Dr. Schulz)Jeanne Kenney (5/8/07)

Charles Schulz, M.D. (6/22/07)-Video Duplication (1/2 of shared invoice with

Dr. Olson)- Duplication (1/2 of shared invoice with Dr. Olson)Mary Weiss (7/5/07)-Videotape Services-VideotapeMary Weiss (1/2 of shared invoice with Mike Howard)

(10/6/07)

2.

3.

3

55.0080.00

25.00

55.4172.21153.3449.1752.16

3,812.497,403.5618,150.0013,781.25

861.0055.00

128.75505.00

750.5555.00

128.751,274.85750.00343.00397.50


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6.

7. '

8.

9.

Continued deposition (10/9/07) (112of shared invoicewith Mike Howard)

-Videotape Services (112 of shared invoice with MikeHoward)Arlow Andersen, M.D.-Videotape Services-Videotape

-Reimbursement for preparation and deposition time (1/3share)Richard Bianco (8/14/07)Daniel Buse (10/26/07)-Video Services-Airfare (114 share)"Expenses (work, meals, parking) (1/4 share)-Hotel (1/4 share)-Duplication of Deposition VideoStella Davies, M.D.(9/12/07)-Marriott Room Rental for DepositionMoira Keane (112 of shared invoice with April Arnold)

TOTAL COSTS AND DISBURSEMENTS

4

910.02

187.75

1,262.75480.00278.00

367.00

570.001,939.45840.00121.80187.35101.14473.00309.50420.00691.50

$57,535.96


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STATE OF MINNESOTAHENNEP IN COUNTY

DISTRICT COUFOURTH JUDIC IAL DISTR

I COURT F IL E NUMBER :CASE TYPE :

27-CV-07-1679 =:JWRONGFUL DEATH

DAVID C HUTCHINSONGERAGHTY OLOUGHLIN & KENNEY PAALLIANCE BANK CENTER SUITE 110055 EAST FIFTH STREETST PAUL M N 55102-1852

NOTICE OF ENTRY OFJUDGMENT

IN RE: MARY WEISS, ON HER OWN BEHALF, AND AS NEXT-OF-KIN AND TRUSTEE OF THEESTATE OF DAN MARKINGSON, DECEASED, VS BOARD OF REGENTS OF THE UNIVERSITY OFMINNESOTA, STEPHEN OLSON, CHARLES SCHULTZ, INSTITUTIONAL REVIEW BOARD FOR

THE UNIVERSITY OF MINNESOTA, ASTRAZENECA PHARMACEUTICALS LP ET. AL.

You are notified that judgment was entered on 4-24-08 pursuant to the order filed 4-23-08.

DAT ED : APR IL 24, 2008 MARK S. THOMPSONCOURT ADMINISTRATOR

HENNEPIN COUNTY D IS TR IC T COURT

3;;0 SOUTH SIX TH ST RE ET, C -12M INNEAPOL IS MN 55 48 7-04 2161 ".-348-3169

CC: GALE DIANE PEARSONLINDA SUSAN SVITAKDA VID D ALSOP

A true and correct copy of this notice has been served by mail upon the parties herein atthe last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule77.04.

EXHIBIT


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AFFIDAVIT OF SERVICE BY MAIL

STATE OF MINNESOTA: SS.

COUNTY OF RAMSEY

CASONDRA L. FARBISZ, being first duly swom, deposes and says that she is asecretary in the office of Geraghty, O'Loughlin & Kenney, P.A., attorneys-at-law, Alliance BankCenter, Suite 1100,55 East Fifth Street, Saint Paul, MN 55101; that on April 29, 2008 she servedthe attached Defendants Board of Regents of the University of Minnesota and InstitutionalReview Board's Notice of Taxation of Costs and Bill of Costs and Disbursements upon:

Gale D. Pearson, Esq.Chris Barden, Esq.PEARSON, RANDALL & SCHUMACHER

Fifth Street Towers100 South Fifth Street, # 1025Minneapolis, MN 55402FAX: 612767-7501(ATTORNEYS FOR PLAINTIFF)

Angela Nelson, Esq.GISLASON & HUNTER LLP701 Xenia Avenue South, #500

Minneapolis, MN 55416(ATTORNEYS FOR DEFS. DRS. OLSONAND SCHULZ)

Bridget Ahmann, Esq.FAEGRE & BENSON, LLP90 South Seventh Street, #2200Minneapolis, MN 55402-3901

(ATTRONEYS FOR DEFS.ASTRAZENECA, ET AI,.)

by placing a copy thereof in an envelope properly addressed to him/her at his/her businessaddress, which address is the last known address of said attomey known to her, and the envelopewith postage prepaid was deposited by her in the United States mail at Saint Paul, Minnesota fordelivery by the United States Post Office Department, as directed by said envelope.

SUBSCRIBED and SWORN to before

me this 29 th day of April, 2008.

~/Z ?hj4ct!Notary PublIc

notice to assess costs university of minnesota weiss

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