Utilisave, LLC v. Khenin ( 2016 )

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