Jones v. Golden Corral Corporation

Filing 52

RULING AND ORDER denying 50 Motion to Review Costs Taxed by the Clerk of Court. Signed by Chief Judge Brian A. Jackson on 07/30/2013. (SMG)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

CELESTINE JONES
CIVIL ACTION
VERSUS
NO. 09-324-BAJ-DLD

GOLDEN CORRAL CORPORATION

RULING AND ORDER
This matter is before the Court on Plaintiff’s Petition to Review Costs Taxed
by the Clerk of Court (doc. 50). The motion is opposed by Defendant (doc. 51).
The Court has carefully reviewed this matter and finds that the motion should
be denied for the reasons advanced in Defendant’s opposing memorandum. A
district court has wide discretion to award costs to a prevailing party. Energy Mgmt.
Corp. v. City of Shreveport, 467 F.3d 471, 483 (5th Cir. 2006). Moreover, there is
a strong presumption under Rule 54(d)(1) that the prevailing party will be awarded
costs. Cheatham v. Allstate Ins. Co., 465 F.3d 578, 586 (5th Cir. 2006).
Based upon a review of Plaintiff’s Petition,1 Plaintiff did not address any
specific objections to the Clerk’s calculation of costs. Further, Plaintiff’s pleading
contains no argument as to why the Clerk’s assessment of costs was incorrect.
Finally, Plaintiff fails to cite to any case law that would persuade this court to review
the costs. Accordingly, Plaintiff’s Petition must be denied.

1

The Court notes that Plaintiff’s Petition to Review Costs is a one sentence request citing
to Rule 54 (d).

For the foregoing reasons, Plaintiff’s Petition to Review Costs Taxed by the
Clerk of Court (doc. 50) is hereby DENIED.
Baton Rouge, Louisiana, July 30, 2013.

______________________________
BRIAN A. JACKSON, CHIEF JUDGE
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA