TCP Printing Co., LLC v. Enterprise Bank & Trust

Filing 103

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Enterprise Bank & Trusts Bill of Costs 96 is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall tax costs against Plaintiff TCP Printing Co., LLC and in favor of Defendant Enterprise Bank & Trust in the amount of $13,018.17. IT IS FINALLY ORDERED that execution on this Bill of Costs award be STAYED pending the outcome of TCP Printings appeal. Signed by District Judge John A. Ross on 11/9/2017. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TCP PRINTING CO., LLC,
Plaintiff,
v.
ENTERPRISE BANK & TRUST,
Defendant.

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No. 4:15-CV-178 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Defendant Enterprise Bank & Trust’s Motion and
Proposed Bill of Costs. (Doc. No. 96). On September 29, 2017, after conducting a bench trial on
April 24 and 25, 2017, this Court granted judgment in favor of Defendant Enterprise Bank &
Trust and against Plaintiff TCP Printing Co., LLC. (See Doc. No. 95). On October 20, 2017,
Enterprise Bank & Trust filed its motion for Bill of Costs, asserting that it is entitled to costs
pursuant to Rule 54 and 28 U.S.C. § 1920 in the amount of $13,018.17. TCP Printing filed no
objection to the bill of costs, but appealed the judgment on October 31, 2017. (See Doc. No. 98).
Local Rule 54 requires the Clerk to tax costs, and makes no exception for cases in which an
appeal is pending. E.D. Mo. L.R. 54-8.03(3) (“The Clerk will tax costs as claimed in the bill if
no timely objection is filed.”). See also Blakley v. Schlumberger Tech. Corp., 648 F.3d 921, 930
(8th Cir. 2011) (citing Lorenz v. Valley Forge Ins. Co., 23 F.3d 1259, 1260–61 (7th Cir. 1994)
(holding that, because “costs are appealable separately from the merits,” a court still has the
power to award costs when an appeal on the merits is pending)). As no timely objection to the
Bill of Costs was filed, the Court will direct the Clerk to tax costs as claimed in the Bill. The
Court will further order that execution on this Bill of Costs award be stayed pending the

resolution of TCP Printing’s appeal. Starr Indem. And Liablity Co. v. Continental Cement Co.,
No. 4:11-CV-809-JAR, 2013 WL 3154009, at *4 (E.D. Mo. Jun. 21, 2013).
Accordingly,
IT IS HEREBY ORDERED that Defendant Enterprise Bank & Trust’s Bill of Costs
[96] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of Court shall tax costs against Plaintiff
TCP Printing Co., LLC and in favor of Defendant Enterprise Bank & Trust in the amount of
$13,018.17.
IT IS FINALLY ORDERED that execution on this Bill of Costs award be STAYED
pending the outcome of TCP Printing’s appeal.
Dated this 9th day of November, 2017.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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