E3 Biofuels, LLC v. Biothane Corporation et al

Filing 466

MEMORANDUM AND ORDER that the Motion to Amend Judgment As to Tax Costs 458 filed by Defendant Perennial Energy, Inc. is granted, in part. A separate Amended Judgment will be entered. Defendant Perennial Energy, Inc., is instructed to file its Bill of Costs within 30 days after entry of the Amended Judgment, in accordance with NECivR 54.1. Ordered by Chief Judge Laurie Smith Camp. (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
E3 BIOFUELS, LLC,
Plaintiff,

CASE NO. 8:11CV44

vs.
BIOTHANE, LLC, successor in interest
and liability to BIOTHANE
CORPORATION; and PERENNIAL
ENERGY, INC.,

MEMORANDUM
AND ORDER

Defendants.

This matter is before the Court on the Motion to Amend Judgment as to Tax
Costs (Filing No. 458), filed by Defendant Perennial Energy, Inc. (“PEI”). In its Judgment
(Filing No. 453), the Court stated that the parties will bear their own costs and attorney
fees. PEI has asked the Court to clarify that this provision permits PEI to apply for costs
properly taxable under 28 U.S.C. § 1920. The Court will grant PEI’s Motion and amend
the Judgment to permit costs under Fed. R. Civ. P. 54(d). The Court will not award
costs at this time, and will order PEI to file its Bill of Costs within 30 days after entry of
the Amended Judgment, in accordance with NECivR 54.1. Accordingly,
IT IS ORDERED:
1.

The Motion to Amend Judgment As to Tax Costs (Filing No. 458), filed by
Defendant Perennial Energy, Inc. is granted, in part;

2.

A separate Amended Judgment will be entered; and

3.

Defendant Perennial Energy, Inc., is instructed to file its Bill of Costs within
30 days after entry of the Amended Judgment, in accordance with NECivR
54.1.

Dated this 14th day of May, 2014.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District