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STATE OF MINNESOTA

DISTRICT COURT

COUNTY OF HENNEPIN

FOURTH JUDICIAL DISTRICT

MARY WEISS, on her own behalf, and as next of kin and Trustee ofthe estate of DAN MARKINGS ON, deceased,

WRONGFUL DEATH COURT FILE NO. 27 CV-07-1679 HON. JOHN L. HOLAHAN

Plaintiff,

v.

BOARD OF REGENTS FOR UNNERSITY OF MINNESOTA; DR. STEPHEN OLSON; DR. CHARLES SCHULTZ; INSTITUTIONAL REVIEW BOARD FOR UNNERSITY OF MINNESOTA; ASTRAZENECA PHARMACEUTICALS LP; ASTRAZENECA LP; & ZENECA, INC.,

DEFENDANTS BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA AND INSTITUTIONAL REVIEW BOARD'S NOTICE OF TAXATION OF COSTS AND BILL OF COSTS AND DISBURSEMENTS

Defendants.

TO: PLAINTIFF NAMED, and GALE D. PEARSON, ESQ., her attomeys, PEARSON, RANDALL & SCHUMACHER, 1012 Grain Exchange Building, 400 South Fourth Street, 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 Regents of the University of Minnesota

Alliance Bank Center, Suite 1100

55 East Fifth Street

Saint Paul, MN 55101-1812 (651) 291-1177

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 ~o before me this~lX-Ziay orO (k..Q , 2008.

2

COSTS AND DISBURSEMENTS

OF DEFENDANTS BOARD OF REGENTS OF THE 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 Judgment

Response to Plaintiffs Motion to Amend and Fax Filing Fee

Reply Memorandum in Support of Motion for Summary Judgment

3.

e. Costs of Obtaining Medical Records:

1.

Boston Health Care Systems, Inc. (1 /3 share) -Duplication of additional materials Healthl'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, LLP Richard 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

-Videotape

Mary Weiss (1/2 of shared invoice with Mike Howard) (10/6/07)

2. 3.

3

55.00 80.00

25.00

55.41 72.21 153.34 49.17 52.16

3,812.49 7,403.56 18,150.00 13,781.25

861.00 55.00

128.75 505.00 750.55

55.00

128.75

1,274.85 750.00 343.00 397.50

6. 7. '

8.

9.

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

-Videotape Services (112 of shared invoice with Mike

Howard)

Arlow Andersen, M.D. -Videotape Services

-Videotape

-Reimbursement for preparation and deposition time (1/3

share)

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 Video

Stella Davies, M.D.(9/12/07) -Marriott Room Rental for Deposition

Moira Keane (112 of shared invoice with April Arnold)

TOTAL COSTS AND DISBURSEMENTS

4

910.02

187.75

1,262.75 480.00 278.00 367.00

570.00

1,939.45 840.00 121.80 187.35 101.14 473.00 309.50 420.00 691.50

$57,535.96

STATE OF MINNESOTA HENNEPIN COUNTY

DISTRICT COURT FOURTH JUDICIAL DISTRICT

I COURT FILE NUMBER:

CASE TYPE:

27-CV-07-1679 =:J

WRONGFUL DEATH

DAVID C HUTCHINSON

GERAGHTY OLOUGHLIN & KENNEY PA ALLIANCE BANK CENTER SUITE 1100 55 EAST FIFTH STREET

ST PAUL MN 55102-1852

NOTICE OF ENTRY OF JUDGMENT

IN RE: MARY WEISS, ON HER OWN BEHALF, AND AS NEXT-OF-KIN AND TRUSTEE OF THE ESTATE OF DAN MARKINGSON, DECEASED, VS BOARD OF REGENTS OF THE UNIVERSITY OF MINNESOTA, 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.

DATED: APRIL 24, 2008

MARK S. THOMPSON COURT ADMINISTRATOR

HENNEPIN COUNTY DISTRICT COURT 3;;0 SOUTH SIXTH STREET, C-12 MINNEAPOLIS MN 55487-0421

61 ".-348-3169

CC: GALE DIANE PEARSON LINDA SUSAN SVITAK DA VID D ALSOP

A true and correct copy of this notice has been served by mail upon the parties herein at the last known address of each, pursuant to Minnesota Rules of Civil Procedure, Rule 77.04.

EXHIBIT

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 a secretary in the office of Geraghty, O'Loughlin & Kenney, P.A., attorneys-at-law, Alliance Bank Center, Suite 1100,55 East Fifth Street, Saint Paul, MN 55101; that on April 29, 2008 she served the attached Defendants Board of Regents of the University of Minnesota and Institutional Review 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 Towers

100 South Fifth Street, # 1 025 Minneapolis, MN 55402

FAX: 612767-7501 (ATTORNEYS FOR PLAINTIFF)

Angela Nelson, Esq. GISLASON & HUNTER LLP 701 Xenia Avenue South, #500 Minneapolis, MN 55416

(ATTORNEYS FOR DEFS. DRS. OLSON AND SCHULZ)

Bridget Ahmann, Esq.

F AEGRE & BENSON, LLP

90 South Seventh Street, #2200 Minneapolis, 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 business address, which address is the last known address of said attomey known to her, and the envelope with postage prepaid was deposited by her in the United States mail at Saint Paul, Minnesota for delivery by the United States Post Office Department, as directed by said envelope.

SUBSCRIBED and SWORN to before

me this 29th day of April, 2008.

~/Z ?hj4ct!

Notary PublIc