Simmons v. United States of America

Filing 173

ORDER GRANTING Dft's 172 Motion to Retax Costs. Costs are taxed against Plf in the amount of $8,253.25. Signed by Chief Judge Callie V. S. Granade on 12/1/08. (tot)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MAUREEN SIMMONS, etc., Plaintiff, vs. UNITED STATES OF AMERICA, Defendant. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 04-0675-CG-M ORDER This matter is before the court on Defendant's Motion to Retax Costs (Doc. 172). The motion was filed almost nine months ago. Plaintiff has not responded. Defendant asks that the costs of depositions "necessarily obtained for use in the case" be taxed against the plaintiff. See 28 U.S.C. 1920(2). Because the depositions in question were relied upon and addressed by the parties in connection with the United States' summary judgment motion, it appears that they are properly taxable under the statute. Accordingly, the motion is GRANTED. Costs in the amount of $8,253.25 are hereby taxed against Plaintiff. DONE and ORDERED this 1st day of December, 2008. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE 1

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