Kuberski v. Allied Recreation Group, Inc.

Filing 159

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 144 Bill of Costs filed by REV Recreation Group Inc. The R & R 158 is APPROVED AND ADOPTED. In accordance with the R & R: Plaintiff's objection to Defendant's bill of costs 146 is SUSTAINED IN PART and OVERRULED IN PART; Defendant's bill of costs 144 is reduced from $8,853.38 to $7,956.42; and Enforcement of the bill of costs shall be STAYED pending appeal. Signed by Judge Holly A Brady on 2/1/2021. (lhc)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
FORT WAYNE DIVISION
JOSEPH KUBERSKI,
Plaintiff,
v.
REV RECREATION GROUP, INC.
Defendant.

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Cause No. 1:15-CV-320-HAB

ORDER ADOPTING REPORT AND RECOMMENDATION
This is a lawsuit for breach of warranty in connection with the purchase of a recreational
vehicle (RV). After a five-day jury trial, the jury found in favor of the Defendant. (ECF No. 139).
On January 14, 2021, Magistrate Judge Susan Collins issued a Report and Recommendation (ECF
No. 158) upon referral of two motions: the Defendant’s Bill of Costs (ECF No. 144) and the
Plaintiff’s Objection to the Bill of Costs and Motion to Stay Enforcement Pending Appeal (ECF
No. 146). The Magistrate Judge recommended that Plaintiff’s objection to Defendant’s bill of costs
be sustained in part and overruled in part, that the Defendant’s bill of costs be reduced from
$8,853.38 to $7,956.42, and that the enforcement of the bill of costs be STAYED pending appeal.
The time for objections to the R & R has passed with no objections having been filed.
The undersigned has reviewed the Magistrate Judge’s R & R and the thorough analysis of
the Defendant’s bill of costs as well as each of the objections to specific costs raised by the
Plaintiff. The conclusions reached by the Magistrate Judge are well-reasoned and legally
supported. Upon careful consideration of the Magistrate Judges findings in the Report and
Recommendation and the lack of objections thereto, the R & R is APPROVED AND ADOPTED.
(ECF No. 158). In accordance with the R & R:

(1) Plaintiff’s objection to Defendant’s bill of costs (ECF No. 146) is SUSTAINED IN
PART and OVERRULED IN PART;
(2) Defendant’s bill of costs (ECF No. 144) is reduced from $8,853.38 to $7,956.42; and
(3) Enforcement of the bill of costs shall be STAYED pending appeal.
SO ORDERED on February 1, 2021
s/ Holly A. Brady
JUDGE HOLLY A. BRADY
UNITED STATES DISTRICT COURT

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