Hudson Enterprises Inc et al v. Risk Placement Services Inc et al
ORDER denying 60 Motion. The equities overcome the presumption of awarding costs. The Court therefore declines to award any. Signed by Judge D. P. Marshall Jr. on 7/18/2016. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
HUDSON ENTERPRISES, INC.,
dfb/a River Valley Marina
CERTAIN UNDERWRITERS AT LLOYD'S
LONDON INSURANCE COMPANIES, Subscribing
to Policy #10NCG01559 and Agreement Numbers
NPPI1011456 and NPPI09112456
Motion, Ng 60, denied. The equities overcome the presumption of
awarding costs. Concord Boat Corporation v. Brunswick Corporation, 309 F.3d
494, 498 (8th Cir. 2002). Hudson Enterprises, a small family business, is broke.
The under-seal financial affidavit shows more money going out than coming
in and only modest unencumbered assets. Ng 72. Though not a natural
person, Hudson Enterprises is entitled to the Court's evaluation of its finances
in considering whether to tax these expenses. And the Underwriters haven't
suggested that they'll stumble financially if made to pay their own costs. The
Court therefore declines to award any. Poe v. John Deere Company, 695 F.2d
1103, 1108 (8th Cir. 1982) (Arnold, J.).
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?