Cleland et al v. Dollar General

Filing 63

ORDER denying 60 Bill of Costs. Signed by Judge J. Randal Hall on 06/08/2016. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
WAYCROSS

REBA GAIL CLELAND,

and TERRY W.

DIVISION

*

CLELAND,

*
*

Plaintiffs
*

v.

*

DOLGENCORP,

LLC,

d/b/a,

5:14-cv-76

*

DOLLAR

*

GENERAL

Defendant.

ORDER

On April 18,
$2,332.55.

2016,

maintains

that

judgment was entered on March 31, 2016 on four of Plaintiffs'

five

counts.
of

the

(Doc.

(Id.)

60

Defendant filed a bill of costs requesting
at

1.)

Accordingly,

total

costs

to

The

Rule

of

reflect

Civil

the

otherwise,

a

federal

the prevailing party."

than

which

54

these

governs

when

Rule 54(d)(1)
rules,

attorney's

or

a

a

fees—should

party's

provides that
court

To be a prevailing party,

not prevail on all issues.

Defendant

(Id. at 3.)

Procedure

statute,

costs—other

costs

percentage

costs may be taxed to another party.
"[u]nless

of

Defendant "calculated only four-fifths

prevailed at summary judgment."
Federal

bill

be

provides

allowed

to

"a party need

A party who has obtained some relief

usually will be regarded as the prevailing party even though he has
not sustained all of his claims." Emery v. Am.

15-10100,

2016

WL

1425939,

at

*4

(11th

Airlines,

Cir.

Apr.

Inc.,

12,

No.

2016)

(quotations and citations omitted) .

In Emery, the Eleventh Circuit

found that a plaintiff who prevailed on one of her four claims was
the prevailing party in the case.

Id.

At this time, the Court has not entered final judgment in this
case,

Civ.

and the

P.

that

54(b)

Defendant

is not

a prevailing party.

("any order or other

adjudicates

fewer

than

all

decision,
claims

to

Fed.

R.

however designated,
or

liabilities of fewer than all the parties does
as

See

the

rights

and

not end the action

any of the claims or parties and may be revised at

any time

before the entry of a judgment adjudicating all the claims and all

the

parties'

rights

Defendant's motion
Gail

Cleland's

prove

entered,

liabilities").

The

Court

summary judgment with respect

to

FLSA claim for time worked during her

(Doc. 58 at 17.)

may

for

and

to be

prevailing party.

Until

and Plaintiff

final

the Court will not award costs in this case.

Plaintiff

lunch break.

That claim will proceed to trial,

the

denied

judgment

is

Defendant's

request for costs (Doc. 60) is therefore DENIED.

ORDER ENTERED at Augusta, Georgia, this

jr^day of June,

2016.

HONORABLE J.

R^

UNITED 55TATES DISTRICT

JUDGE

(N DISTRICT OF GEORGIA