Opinion
No. CV 02-0799-PHX-ROS, No. CV 02-0807-PHX-ROS (Consolidated Cases)
November 17, 2003
ORDER
Pending before the Court is Defendant Secretary of State's Motion for Clarification and Request for Extension of Time to Remit Costs [Doc. #175].
As the Secretary of State points out, the Court's September 30, 2003 Order [Doc. #173] contained some ambiguity as to which of the parties to this lawsuit must pay the Special Master's fees. The Court hereby clarifies that the bill of costs forme Special Master's fees shall be taxed equally against all of the parties and intervenors, and not just against the Secretary of State and the IRC. This is consistent with the Court's May 17, 2002 Order directing "each of the parties, including [the] intervenor parties," to deposit $2000.00 with the Clerk of the Court "to pay the fees and expenses of the Special Master." [Doc. #63.]
Accordingly,
IT IS ORDERED that the Court's September 30, 2003 Order [Doc. #173] is hereby CLARIFIED. The bill of costs for the Special Master's fees shall be taxed equally against all of the parties and intervenors, and not just against the Secretary of State and the IRC. IT IS FURTHER ORDERED that Defendant Secretary of State's Request for Extension of Time to Remit Costs [Doc. #175] is GRANTED. Each of the parties and intervenors shall remit to the Clerk of the Court within fourteen (14) days of the entry of this order their portion of the total amount claimed in the bill of costs, less any amount they have already remitted.