Walter v. Clarion Mortgage Capital, Inc.

Filing 166

ORDER granting Plaintiff's Bill of Costs (#147); granting Defendant Gunja's Bill of Costs (#149); and denying Defendant Clarion's Bill of Costs (#157). Signed on 4/22/10 by District Judge Gary A. Fenner. (Mitchell, Lisa)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION LELA WALTER, Plaintiff, vs. CLARION MORTGAGE CAPITAL, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) )

Case No. 08-0536-CV-W-GAF

ORDER Presently before the Court is Plaintiff Lela Walter's ("Plaintiff") Bill of Costs (Doc. #147), Defendant Clarion Mortgage Capital, Inc.'s ("Clarion") Bill of Costs (Doc. #157), and Defendant Marie Ann Gunja's ("Gunja") Bill of Costs (Doc. #149). Upon consideration and pursuant to Fed. R. Civ. P. 54(d), it is ORDERED that Plaintiff's Bill of Costs against Clarion and Defendant Dan S. Spencer, Special Administrator of the Estate of D. Michael Phelps, Sr. ("Phelps") (Doc. #147) and Gunja's Bill of Costs (Doc. #149) are GRANTED. IT IS FURTHER ORDERED that Clarion's Bill of Costs (Doc. #157) is DENIED. FINALLY, IT IS ORDERED that Clarion and Phelps are jointly and severally liable for costs set forth in Plaintiff's Bill of Costs (Doc. #147). See MVC Constr., Inc. v. Treadway, 898 P.2d 993, 999 (Ariz. Ct. App. 1995); see also 20 C.J.S. Costs § 55 (2009). s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: April 22, 2010