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American Steamship Co. v. Hallett Dock Co.

United States District Court, Eighth Circuit

June 26, 2013

AMERICAN STEAMSHIP CO., a New York corporation, and ARMSTRONG STEAMSHIP CO., a Delaware corporation, Plaintiffs,
v.
HALLETT DOCK CO., a Minnesota corporation, Defendant.

Brent L. Reichert, and Gerardo Alcazar, Robins Kaplan Miller & Ciresi LLP, Counsel for Plaintiffs.

David R. Hornig, and Guerric S.D. L. Russell, Nicoletti Hornig & Sweeney, and Scott A. Witty, and John D. Kelly, Hanft Fride PA, Counsel for Defendant Hallett Dock Co.

MEMORANDUM OF LAW & ORDER

MICHAEL J. DAVIS, Chief District Judge.

I. INTRODUCTION

This matter is before the Court on Defendant's Objection to the Cost Judgment entered in this case on May 21, 2013, by the Clerk of Court. [Docket No. 497]

II. STANDARD

"Except as otherwise provided by Act of Congress, the allowance and taxation of costs in admiralty and maritime cases shall be prescribed by rules promulgated by the Supreme Court." 28 U.S.C. ยง 1125. Federal Rule of Civil Procedure 54(d)(1) provides that, "[u]nless a federal statute, these rules, or a court order provides otherwise, costs - other than attorney's fees - should be allowed to the prevailing party." "A prevailing party is presumptively entitled to recover all of its costs." 168th & Dodge, LP v. Rave Reviews Cinemas, LLC , 501 F.3d 945, 958 (8th Cir. 2007) (citation omitted). "The losing party bears the burden of overcoming the presumption that the prevailing party is entitled to costs...." Id . Defendant has provided no convincing reason to overcome its burden in this case.

Federal statute provides:

A judge or clerk of any court of the United States may tax as costs the following:
(1) Fees of the clerk and marshal;
(2) Fees for printed or electronically recorded transcripts necessarily obtained for use in the case;
(3) Fees and disbursements for printing and witnesses;
(4) Fees for exemplification and the costs of making copies of any materials where the copies are necessarily ...

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