Evance v. Trumann Health Services LLC et al
ORDER granting 59 Defendants' Motion for Costs. Signed by Judge James M. Moody on 1/18/2013. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
TRUMANN HEALTH SERVICES, LLC
fictitiously known as TRUMANN HEALTH
AND REHABILITATION CENTER;
BETTY BEGLEY; GLADIS CORTINAS;
JACKIE KELLY and JACKY HOLT
Pending is Defendants’ motion for costs. (Docket #59). Plaintiff has filed a
response and Defendants have filed a reply. Defendants seek costs in the amount of
$1,710.26 pursuant to Fed. R. Civ. P. 54(d)(1). Rule 54(d)(1) provides that costs other
than attorneys' fees should be allowed to the prevailing party unless the court otherwise
directs. “A prevailing party is presumptively entitled to recover all of its costs.”
Thompson v. Wal-Mart Stores, Inc., 472 F.3d 515, 517 (8th Cir. 2006), quoting, In re
Derailment Cases, 417 F.3d 840, 844 (8th Cir.2005).
The court may only award such
costs as are enumerated in 28 U.S.C. § 1920 or “some other statutory authorization.”
Smith v. Tenet Healthsystem SL, Inc., 436 F.3d 879, 889 (8th Cir.2006).
include: fees for transcripts necessarily obtained for use in the case; costs of copying
where copies are necessarily obtained for use in the case; and compensation of court
appointed experts and interpreters. 28 U.S.C. § 1920.
Defendants’ have submitted documentation of taxable costs in the amount of
$1,710.26. The Court finds that these taxable costs are reasonable and supported by
sufficient documentation. Accordingly, Defendants’ motion is GRANTED. Plaintiff is
directed to pay to the Defendants $1,710.26 in costs.
IT IS SO ORDERED this 18th day of January, 2013.
James M. Moody
United States District Judge
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