Milbauer v. United States of America

Filing 72

ORDER denying without prejudice 68 Defendant's Request to Tax Costs; granting 71 Plaintiff's Motion to Stay Pending Appeal to the extent that the Court will deny Defendant's Request to Tax Costs at this time. Signed by Judge Sheri Polster Chappell on 11/6/2013. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION

RICHARD S. MILBAUER,
Plaintiff,
v.

Case No: 2:11-cv-149-FtM-38DNF

UNITED STATES OF AMERICA,
Defendant.
/

ORDER
This matter comes before the Court on Defendant’s Request to Tax Costs as the
prevailing party (Doc. #68) filed on September 20, 2013.

Also before the Court is

Plaintiff pro se Richard S. Milbauer’s Motion to Stay Pending Appeal, filed on October
10, 2013, which requests that the Court stay consideration of the Request to Tax Costs
pending the outcome of Plaintiff’s appeal of this Court’s Order dismissing this case for
lack of subject matter jurisdiction to the Eleventh Circuit Court of Appeals.
As Plaintiff’s appeal could affect whether Defendant is a prevailing party in this
matter, the Court will deny Defendant’s request for costs at this time without prejudice,
to be refiled by the Defendant, if appropriate, at the conclusion of Plaintiff’s appeal.
Accordingly, it is now
ORDERED:
(1) Defendant’s Request to Tax Costs (Doc. #68) is DENIED without prejudice.
(2) Plaintiff’s Motion to Stay Pending Appeal (Doc. #71) is GRANTED to the
extent that the Court will deny Defendant’s Request to Tax Costs at this time.

DONE and ORDERED in Fort Myers, Florida this 6th day of November, 2013.

Copies:
All Parties of Record
Richard S. Milbauer

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