Opinion
No. CIV 12-526-MV-GBW
04-13-2020
NEW MEXICO ONCOLOGY AND HEMATOLOGY CONSULTANTS, LTD., Plaintiff, v. PRESBYTERIAN HEALTHCARE SERVICES, et al., Defendants.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND RECOMMENDED DISPOSITION
This matter comes before me pursuant to Defendants' Motion to Tax Costs [Doc. 855] and Defendants' Motion for Review of Clerk's Order Settling Costs [Doc. 869].
On March 26, 2020, the Magistrate Judge filed his Proposed Findings and Recommended Disposition (PFRD), recommending an award of Defendants' itemized costs [Doc. 855-2], except for the cost of obtaining a transcript of the deposition of witness Stephen Quesada. Doc. 882 at 3-8. The Magistrate Judge also recommended staying enforcement of the award until resolution of Plaintiff's appeal in the Tenth Circuit. Id. at 8-10. Objections to the PFRD were due on April 9, 2020 and no party has filed objections. Further, upon review of the record, I concur with the Magistrate Judge's findings and recommendations.
Wherefore, IT IS HEREBY ORDERED that the Magistrate Judge's Proposed Findings and Recommended Disposition [Doc. 882] are ADOPTED. Defendants' Motion for Review of Clerk's Order Settling Costs [Doc. 869] is GRANTED and Plaintiff is ORDERED to pay costs to Defendants in the total amount of $85,188.98.
IT IS FURTHER ORDERED that execution of the award shall be stayed, without requiring Plaintiff to post a supersedeas bond, during the pendency of Plaintiff's appeal in the Tenth Circuit.
/s/ _________
MARTHA VÁZQUEZ
UNITED STATES DISTRICT JUDGE