Thomas v. Viskase Corporation
Filing
67
ORDER: Viskase's opposed request for $1469.20 in deposition-related expenses, 59 , is denied. The Court appreciates Thomas's updated IFP form, 66 . She remains entitled to IFP status. Viskase prevailed, which creates a presumptive entitlement to costs. But, Thomas's financial situation weighs against any award. The Court declines to tax costs in these circumstances. Signed by Chief Judge D. P. Marshall Jr. on 1/11/2022. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
NORTHERN DIVISION
JAMIE THOMAS
v.
PLAINTIFF
No. 3:19-cv-371-DPM
VISKASE COMPANIES, INC.
DEFENDANT
ORDER
Viskase's opposed request for $1469.20 1n deposition-related
expenses, Doc. 59, is denied. The Court appreciates Thomas's updated
IFP form, Doc. 66. (The Court directs the Clerk to clear the gavel on that
document). She remains entitled to IFP status. Viskase prevailed,
which creates a presumptive entitlement to costs. Concord Boat Corp. v.
Brunswick Corp., 309 F.3d 494, 498 (8th Cir. 2002).
But, Thomas' s
financial situation weighs against any award. Cross v. General Motor
Corp., 721 F.2d 1152, 1157 (8th Cir. 1983). The Court declines to tax costs
in these circumstances. Poe v. John Deere Company, 695 F.2d 1103, 1108
(8th Cir. 1982).
So Ordered.
I
D.P. Marshall Jr.
United States District Judge
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