Tripp v. Carmike Cinemas, Inc.

Filing 22

ORDER granting 17 Motion to Dismiss: Plaintiff's request for dismissal without prejudice [D.E. 17] is GRANTED subject to plaintiff paying defendant $1850.70 in costs. Signed by Chief Judge James C. Dever III on 4/19/2013. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
EASTERN DIVISION
No. 4:12-CV-31-D

TERESA DAIL TRIPP,
Plaintiff,
v.
CARMIKE CINEMAS, INC.,
Defendant.

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ORDER

On January 30, 2013, plaintiff filed a request for the court to dismiss this action without
prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2) [D.E. 17]. On February 20, 2013,
defendant responded in opposition to dismissing the action without prejudice or, alternatively, to
condition dismissal on plaintiff's payment of defendant's attorney's fees and taxable costs [D .E. 19].
On February 26, 2013, plaintiff replied [D.E. 21].
After considering plaintiff's request for dismissal without prejudice in accordance with the
governing standard, plaintiff's request is granted subjectto conditions. See Fed. R. Civ. P. 41 (a)(2);
GO Computer. Inc. v. Microsoft Com., 508 F.3d 170, 177 (4th Cir. 2007); Davis v. USX Com., 819
F.2d 1270, 1273-75 (4th Cir. 1987). Specifically, the court conditions dismissal upon plaintiff
paying part of defendant's taxable costs.

See,~.

Davis, 819 F.2d at 1276. The court denies

defendant's request for attorney's fees. See id.; Dean v. WLR Foods. Inc., 204 F.R.D. 75, 80 (W.D.
Va. 2001).
Defendant requests total payment of$2, 143.20 in costs. Welch Aff. [D .E. 19-2] ~ 17. First,
defendant requests $350.00 in filing fees for removing this action from state court to federal court.

See id. ~ 16(a). The court awards these court costs. See 28 U.S.C. § 1920(1). Second, defendant
requests $1500.70 for the cost of eight depositions. See Welch A:ff. ~ 16(b}-(c). The court awards
defendant these deposition costs.

See,~'

Hexion Specialty Chems.. Inc. v. Oak-Bark Corp., No.

7:09-CV-105-D, 2012 WL 2458638, at *5-6 (E.D.N.C. June 27, 2012) (unpublished); Zeuner v.
Rare Hospitality lnt'l. Inc., 386 F. Supp. 2d 635, 640 (M.D.N.C. 2005). Third, defendant requests
$292.50 for defendant's share of the mediation fee. See Welch Aff. ~ 16(d). Mediator fees are not
recoverable costs and the court denies this request. See, ~' Hexion Specialty Chems., 2012 WL
2458638, at *6; Zeuner, 386 F. Supp. 2d at 640. Thus, the court awards defendant total recoverable
costs of$1850.70.
In sum, plaintiff's request for dismissal without prejudice [D.E. 17] is GRANTED subject
to plaintiff paying defendant $1850.70 in costs.
SO ORDERED. This Jj_ day of April2013.

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