Jerry V. Leaphart #jl4468 

Jerry V. Leaphart & Assoc., P.C. 

8 West Street, Suite 203 

Danbury, CT 06810 

(203) 825-6265 – phone 

(203) 825-6256 – fax 

jsleaphart@cs.com 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

DR. JUDY WOOD, on behalf of : 

The United States of America : 

 : 

Plaintiff, : ECF CASE

 : 

vs. : July 16, 2008 

 : 

APPLIED RESEARCH ASSOCIATES, INC., : 07 CIV 3314 (GBD) 

et al : 

 : 

 Defendants. : 

AFFIRMATION IN OPPOSITION TO 

 UNDERWRITERS LABORATORIES INC.'s BILL OF COSTS

I, JERRY V. LEAPHART, of JERRY V. LEAPHART & ASSOCS. PC, am an 

attorney at law, duly licensed to practice before this court and am attorney of record for 

the plaintiff, Dr. Judy Wood, in the above captioned matter. 

This affirmation is submitted in opposition to that certain Bill of Costs submitted 

and filed by defendant, Underwriters Laboratories Inc., (defendant) on or about July 7, 

2008, Docket # 102, (Bill of Costs). 

In the main, defendant's said Bill of Costs is deficient in that it does not 

adequately specify allowable costs that are or might be associated with the outcome in 

this case. 

Case 1:07-cv-03314-GBD Document 105 Filed 07/16/2008 Page 1 of 4
On or about June 26, 2008, the court, Hon. George B. Daniels issued a 

Memorandum Decision (Memorandum Decision), Docket # 100 in this matter that 

granted defendants' motions to dismiss plaintiff's complaint with prejudice. However, the

said Memorandum Decision denied defendants' motions for sanctions. 

Defendant Underwriters Laboratories Inc. joined in the motion to dismiss 

submitted by another defendant and separately filed a motion for sanctions. As that

motion was denied, it is entirely unclear what, if any, costs the said defendant would be 

entitled to apply for.

The only allowable cost requested by said defendant is in the amount of $327.42 

that is said to cover "fees for exemplification and copies of papers necessarily obtained 

for use in the case" (Fees for exemplification). However, the affirmation submitted by

Attorney Philip C. Semprevivo contains no reference at all as to any such Fees for

exemplification, let alone how such costs were calculated. Accordingly, that claim must, 

of necessity, be denied. 

Paragraph 5 of defendant counsel's Affirmation states: 

”5. The “Other costs” claimed in the Bill of Costs include the following

necessarily incurred costs: (1) courier charges; (2) computer research-West Law;

(3) computer research-Pacer Service Center; & (4) Facsimile.” 

The "Other costs" set forth in the quoted paragraph 5 are not allowable costs under 28 

USC § 1920 and must, as a matter of law, be denied. 

Defendant's said Bill of Costs in fact contains no claim whatsoever for allowable 

costs under 28 USC § 1920 that, for purposes of clarity, provides as follows: 

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Case 1:07-cv-03314-GBD Document 105 Filed 07/16/2008 Page 2 of 4
 28 USCS § 1920. Taxation of costs 

”A judge or clerk of any court of the United States may tax as costs the 

following: 

 

 (1) Fees of the clerk and marshal; 

 (2) Fees of the court reporter for all or any part of the stenographic 

transcript necessarily obtained for use in the case;

 (3) Fees and disbursements for printing and witnesses; 

 (4) Fees for exemplification and copies of papers necessarily obtained 

for use in the case;

 (5) Docket fees under section 1923 of this title [28 USCS § 1923]; 

 (6) Compensation of court appointed experts, compensation of 

interpreters, and salaries, fees, expenses, and costs of special 

interpretation services under section 1828 of this title [28 USCS 

§1828]. 

A bill of costs shall be filed in the case and, upon allowance, included in 

the judgment or decree. 

Based upon the foregoing, defendant's Bill of Costs is demonstrably 

deficient and must be denied in its entirety.

 Respectfully submitted, 

 THE PLAINTIFF

 

 By_/s/ Jerry V. Leaphart____ 

 Jerry V. Leaphart jl4468 

 JERRY V. LEAPHART & ASSOC., PC

 8 West Street, Suite 203 

 Danbury, CT 06810 

 (203) 825-6265 - phone 

 (203) 825-6256 - fax

 jsleaphart@cs.com

Dated: Danbury, CT 

 July 16, 2008 

 3 

Case 1:07-cv-03314-GBD Document 105 Filed 07/16/2008 Page 3 of 4
ELECTRONIC CERTIFICATE OF SERVICE

I hereby certify that on July 16, 2008, a copy of the foregoing Plaintiff’s Motion 

was filed electronically and served by mail on anyone unable to accept electronic filing. 

Notice of this filing will be sent by email to all parties by operation of the Court’s 

electronic filing system or by mail to anyone unable to accept electronic filing as 

indicated on the Notice of Electronic Filing. Parties may access this filing through the 

Court’s CM/ECF System. 

 _ /s/ Jerry V. Leaphart_________

 Jerry V. Leaphart (jl4468) 

JERRY V. LEAPHART & ASSOC., P.C.

 8 West Street, Suite 203 

 Danbury, CT 06810 

 Tel. (203) 825-6265 

 Fax (203) 825-6256 

 4 

Case 1:07-cv-03314-GBD Document 105 Filed 07/16/2008 Page 4 of 4