Rounds v. Southern Heritage Health and Rehabilitation LLC

Filing 122

ORDER denying Motions, 117 and 118 . Signed by Judge D. P. Marshall Jr. on 4/10/2015. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

LOUISE ROUNDS

v.

No. 5:12-cv-276-DPM

SOUTHERN HERITAGE HEALTH AND
REHABILITATION, LLC

DEFENDANT

ORDER
Both new motions for costs are denied as too late in the circumstances.
The Court deferred entering judgment for approximately a month so the
parties could confer about fee-and-costs issues, and possibly resolve them.
Their minds didn't meet. So the Court entered Judgment, NQ 103, received
comprehensive briefs and materials on fees and costs, NQ 105, 106, 107, & 109,
resolved the disputed issues, NQ 115, and entered an Amended Judgment. NQ
116. While there doesn't appear to be a hard deadline to seek costs, the

reasonable time to do so in this case was pron1ptly after the Court's January
2015 Judgment. Reece v. Bank of New York Mellon, 760 F.3d 771, 779 n. 8
(8th Cir. 2014). Neither Rounds's inadvertent omission of one deposition
from her original request nor Southern Heritage's somewhat novel request
for costs connected with the inany issues on which it won summary judgment

in November 2014, provides a sufficient reason to keep litigating costs now.
Motions, Ng 117 & 118, denied.
So Ordered.

D.P. Marshall Jr.
United States District Judge
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