Lincoln Provision, Inc. v. Puretz, et al.

Filing 236

ORDER regarding Bill of Costs 224 filed by Lincoln Provision, Inc. The Bill of Costs was filed more than 30 days after entry of judgment. Under such circumstances, and pursuant to the Bill of Costs Handbook, the Clerk cannot tax costs. Accordingly, no costs will be taxed in this case. Ordered by Deputy Clerk. (BHC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LINCOLN PROVISION, INC.,
Plaintiff,

8:10CV00344

vs.
TAXATION OF COSTS
ARON PURETZ, PMP, LLC; and
HASTINGS ACQUISITION, LLC,
nominal defendant;
Defendants.
Judgment was entered in this case in favor of the plaintiff on October 10, 2013.
(Filing No. 218). The Judgment awarded taxable costs to the plaintiff. Defendants filed
a motion for a new trial on November 5, 2013. (Filing No. 219). The motion was denied
on December 4, 2013. (Filing No. 223). Plaintiff filed a Bill of Costs on December 5,
2013.
The United States District Court for the District of Nebraska’s Bill of Costs
Handbook provides:

The party entitled to recover costs must file, within 30 days after entry of
judgment, a verified bill of costs on a form available on the court’s Web
page at http://www.ned.uscourts.gov/forms/index.html, or from the clerk’s
office. . . . Post-trial motions do not extend the time within which a party
must file a verified bill of costs as provided by NECivR 54.1(b), unless the
judge orders the time extended.
Bill of Costs Handbook, § I.

In this case, the Bill of Costs was not filed within 30 days after the entry of the
Judgment and no order extended the time in which the Bill of Costs was due.
Accordingly, Plaintiff’s request for costs is denied.

Counsel for the parties are advised any request for judicial review of this
determination must be filed within seven (7) days. See Bill of Costs Handbook, § I.

Dated this 10th day of January, 2014.
OFFICE OF THE CLERK:
s/ Bren H. Chambers
Deputy Clerk

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