Arrington v. Born-n-Raised, Inc. et al

Filing 257

ORDER re: 251 Proposed Bill of Costs filed by Troy R. Arrington, II. ORDERED that Plaintiff's Appeal of Assessment of Costs 251 is DENIED. by Judge Lewis T. Babcock on 4/27/2015. (tscha, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Lewis T. Babcock, Judge
Civil Action No. 12-cv-00172-LTB-KLM
TROY R. ARRINGTON, II,
Plaintiff,
v.
TIMOTHY R. CHAVEZ,
Defendant.
______________________________________________________________________________
ORDER
______________________________________________________________________________
This case is before me on Plaintiff’s Appeal of Assessment of Costs [Doc # 251]. Plaintiff
seeks to set aside the entire $2,790.44 in costs assessed against him based on alleged personal and
financial hardships. Plaintiff’s supporting pleading consisting of a single paragraph with no
evidentiary support is insufficient to overcome the presumption in favor of an award of costs to
Defendant as the prevailing party. See Furr v. AT&T Technologies, Inc., 824 F.2d 1537, 1550 (10th
Cir. 1987) (recognizing presumption in favor of cost award). The appropriate amount of the costs
awarded to Defendant and the effect of Defendant’s Offer of Judgment will be addressed in the
context of Defendant’s Motion to Review Taxation of Costs. [Doc # 252].
IT IS THEREFORE ORDERED that Plaintiff’s Appeal of Assessment of Costs [Doc # 251]
is DENIED.
Dated: April

27 , 2015 in Denver, Colorado.

BY THE COURT:
s/Lewis T. Babcock
LEWIS T. BABCOCK, JUDGE