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

Filing 245

ORDER denying Bill of Costs as untimely and granting 243 Objection to Bill of Costs. Ordered by Deputy Clerk. (BHC)

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

8:10CV344

vs.
TAXATION OF COSTS
ARON PURETZ, PMP, LLC; and
HASTINGS ACQUISITION, LLC, nominal
defendant;
Defendants.
On February 27, 2015, Defendant Aron Puretz filed a Bill of Costs in this case
seeking $10,168.60 in taxable costs. (Filing No. 241). Plaintiff has objected to the Bill of
Costs. (Filing No. 243). Judgment was originally entered in favor of Aron Puretz on
October 10, 2013. (Filing No. 218). That same judgment entered an award against the codefendant Hastings Acquisition, LLC.

Hastings Acquisition subsequently appealed the

matter to the 8th Cir. and the judgment against it was reduced. (Filing No. 240). Although
Aron Puretz’ name appeared on the Notice of Appeal, the appeal dealt entirely with the
award against Hastings Acquisition, LLC.

See Filing No. 244 (The judgment in favor of

Aron Puretz “was neither appealed, nor affected by the appeal.”)

Pursuant to the Bill of Costs Handbook, a successful party has thirty (30) days from
the entry of judgment in which to file its Bill of Costs. See United States District Court for
the District of Nebraska §II(B). Judgment was entered in Puretz’ favor on October 10, 2013
and his Bill of Costs was not filed until February 27, 2015, (Filing No. 241). Accordingly,
Puretz’ requests for costs is denied as untimely.

Dated this 17th day of July, 2015
OFFICE OF THE CLERK:
s/ Bren H. Chambers
Deputy Clerk