Union Pacific Railroad Company v. Brahm International Ltd

Filing 17

ORDER that plaintiff may recover costs of $543.00 signed by Judge Lynn Adelman on 1/26/10. (cc: all counsel)(Wesolek, Marie)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN

UNION PACIFIC RAILROAD COMPANY, Plaintiff, v. BRAHM INTERNATIONAL LTD. Defendant. Case No. 08C938

ORDER After I granted default judgment to plaintiff, plaintiff submitted a bill of costs for $543.00 under Fed. R. Civ. P. 54(d). The prevailing party is presumed to be entitled to its costs. Gardner v. S. Ry. Sys., 675 F.2d 949, 954 (7th Cir. 1982). Defendant objects, stating that it acted on behalf of a third party and that it is out of business. However, I entered judgment solely against defendant. Upon reviewing the affidavits, I find that costs are appropriate. Therefore, IT IS ORDERED that plaintiff may recover as costs $543.00. Dated at Milwaukee, Wisconsin, this 26 day of January, 2010.

/s______________________________ LYNN ADELMAN District Judge