Mattatall v. Transdermal Corp.

Filing 43

ORDER re 41 Bill of Costs filed by Debourah Mattatall. Signed by District Judge John Corbett O'Meara. (WBar)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DEBOURAH MATTATALL, Plaintiff, Case No. 13-14344 v. Hon. John Corbett O’Meara TRANSDERMAL CORP., Defendant. __________________________/ ORDER TAXING COSTS OF APPEAL IN FAVOR OF PLAINTIFF Before the court is Plaintiff’s bill of costs incurred on appeal, filed May 19, 2015. The court granted summary judgment in favor of Defendant, a decision that the Sixth Circuit vacated on appeal. When a judgment is vacated, costs on appeal are “taxed only as the court orders.” Fed. R. App. P. 39(a)(4). Costs such as the transcript and filing fee are taxable in the district court. Fed. R. App. P. 39(e). In its mandate, issued May 29, 2015, the Sixth Circuit taxed costs in favor of Plaintiff in amount of $505, which is the amount of the filing fee. Plaintiff also seeks $73 in transcript costs. Pursuant to Fed. R. App. P. 39(e)(2), the court will tax an additional $73 in costs in favor of Plaintiff. SO ORDERED. s/John Corbett O’Meara United States District Judge Date: June 9, 2015 I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, June 9, 2015, using the ECF system. s/William Barkholz Case Manager

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