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

Filing 110

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant Enterprise Bank & Trusts Motion to Lift Stay 107 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. Signed by District Judge Audrey G. Fleissig on 1/22/2018. (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 to Lift
Stay (Doc. No. 107).
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. (Doc. No. 95.) On October 20, 2017, Enterprise Bank & Trust filed its motion
for Bill of Costs 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. (Doc. No. 98.) Because E.D. Mo. L.R.
54-8.03(3) requires the Clerk to tax costs, and makes no exception for cases in which an appeal
is pending, the Court directed the Clerk to tax costs as claimed in the Bill and ordered that
execution on this Bill of Costs award be stayed pending the resolution of TCP Printing’s appeal.
(Doc. No. 103.)
On December 27, 2017, TCP Printing moved to dismiss its appeal and the Eighth Circuit
issued its formal mandate dismissing the appeal. (Doc. Nos. 105, 106.) Enterprise Bank & Trust
moved to lift the stay on January 8, 2018. On January 12, 2018, this Court ordered TCP Printing
to show cause why the motion to lift the stay should not be granted and the Bill of Costs award

executed. (Doc. No. 108.) In response to the Court’s order, TCP Printing takes no position on
whether the stay should be lifted. (Doc. No. 109.) Enterprise Bank & Trust’s motion to lift the
stay will therefore be granted as unopposed.
Accordingly,
IT IS HEREBY ORDERED that Defendant Enterprise Bank & Trust’s Motion to Lift
Stay [107] 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.
Dated this 22nd day of January, 2018.

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AUDREY G. FLEISSIG for
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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