Hudson Enterprises Inc et al v. Risk Placement Services Inc et al

Filing 73

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)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HUDSON ENTERPRISES, INC., dfb/a River Valley Marina v. PLAINTIFF No. 4:15-cv-12-DPM CERTAIN UNDERWRITERS AT LLOYD'S LONDON INSURANCE COMPANIES, Subscribing to Policy #10NCG01559 and Agreement Numbers NPPI1011456 and NPPI09112456 DEFENDANT ORDER 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.). So Ordered. p D.P. Marshall Jr. United States District Judge -2-

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