Turner v. Arkansas Children's Hospital

Filing 21

ORDER that Arkansas Children's Hospital's 20 Motion for Bill of Costs in the amount of $726.79 is GRANTED. Signed by Judge Susan Webber Wright on 12/2/11. (vjt)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION JEFFERY D. TURNER, * * * * * * * * * Plaintiff, vs. ARKANSAS CHILDREN’S HOSPITAL, Defendant. No. 4:10CV00746 SWW ORDER Before the Court is a bill of costs filed by defendant Arkansas Children’s Hospital to which plaintiff did not timely respond. “[C]osts . . . shall be allowed as of course to the prevailing party unless the court otherwise directs.” Fed.R.Civ.P. 54(d). The district court has substantial discretion in awarding costs to a prevailing party under 28 U.S.C. § 1920 and Rule 54(d). Zotos v. Lindbergh School Dist., 121 F.3d 356 (8th Cir. 1997). Generally, only two reasons justify denying costs to the prevailing party: (1) misconduct by the prevailing party worthy of a penalty and (2) the losing party’s inability to pay. Congregation of the Passion v. Touche, Ross & Co., 854 F.2d 219 (7th Cir. 1988). Arkansas Children’s Hospital seeks costs in the amount of $666.35 for a transcript and $60.44 for copying. The Court finds no reason to deny costs to the defendant in the amount of $726.79. IT IS THEREFORE ORDERED that Arkansas Children’s Hospital’s motion for bill of costs [docket entry 20] is granted. DATED this 2nd day of December, 2011. /s/Susan Webber Wright UNITED STATES DISTRICT JUDGE

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