Malmgren v. Malmgren

Filing 54

ORDER denying 43 Motion for Bill of Costs and denying 49 Order on Motion for Disallowance of Costs. Signed by Chief Judge Terrence W. Boyle on 8/20/2019. (Stouch, L.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:18-CV-287-BO

DICK GORAN MALMGREN,
Petitioner,
v.

LISHA CHEVONNE MALMGREN,
Respondent.

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ORDER

This matter comes before the Court on petitioner's motion for bill of costs [DE 43] and
respondent's motion for disallowance of costs [DE 49]. The Court, in its prior order denying
petitioner's motion for an award of attorneys' fees and expenses, determined that "granting
petitioner's motion and awarding attorneys' fees and costs would be clearly inappropriate." [DE
52]. Petitioner's unsuccessful motion had "incorporate[d] the Bill of Costs filed in this matter ...
by reference, as though restated in its entirety herein." [DE 48, p. 3]. As such, the Court now
clarifies that its prior order operated as a denial of both petitioner's motion for attorneys' fees and
expenses and petitioner's motion for bill of costs. In light of this clarification, petitioner's motion
for bill of costs [DE 43] is DENIED and respondent's motion for disallowance of costs [DE 49] is
GRANTED.

SO ORDERED, this

iJ_!!}_ day of August, 2019.

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TERRENCE W. BOYLE
CHIEF UNITED STATES DISTRICT JUDGE