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)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
JEFFERY D. TURNER,

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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