Demrow et al v. Comair, Inc.

Filing 215

OPINION AND ORDER: Crew Plts' 214 Motion for Leave to amend response is GRANTED; Jeppesen's 208 Motion for Bill of Costs is DENIED WITHOUT PREDJUDICE TO RENEW request upon conclusion of pending appeal. Signed by Judge Karl S. Forester on 12/1/2008. (STB)cc: COR

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION (MASTER FILE) NO. 5:06-cv-316 - KSF IN RE: AIR CRASH AT LEXINGTON, KENTUCKY, AUGUST 27, 2006 RELATING TO: Anderson Byrd Combs Cone Dawson Fahey First Citizens (N. Kono) First Citizens (T. Kono) Fortney Frederick Harris

5:07-CV-270 5:06-CV-371 5:07-CV-312 5:07-CV-015 5:07-CV-300 5:07-CV-411 5:07-CV-316 5:07-CV-317 5:07-CV-309 5:07-CV-319 5:06-CV-292

Hunt Lykins Mallory Theodore Thomason Trimble Turner Winters Polehinke Heyer Clay

5:06-CV-400 5:07-CV-306 5:07-CV-124 5:07-CV-315 5:07-CV-324 5:07-CV-269 5:07-CV-326 5:07-CV-127 5:07-CV-272 5:07-CV-273 5:07-CV-274

OPINION AND ORDER This matter is before the Court on the request of Jeppesen Sanderson, Inc. for taxation of its Bill of Costs in the amount of $131,327.46. The Estate of Jeffrey Clay, the Estate of Kelly Heyer, and James M. Polehinke ("Crew Plaintiffs") opposed the request. Additionally, the Crew Plaintiffs moved to amend their response to the bill of costs. The Court has serious questions regarding the necessity of the requested costs, but in the interest of judicial economy, it will defer any determination on costs until the Crew Plaintiffs' Sixth Circuit appeal on the merits is completed. Accordingly, IT IS ORDERED that the Crew Plaintiffs' motion to amend their response [DE 3388] is GRANTED and Jeppesen's request for costs [DE 3281] is DENIED WITHOUT PREJUDICE TO RENEW the request upon conclusion of the pending Sixth Circuit appeal. This December 1, 2008.