Inline Packaging, LLC v. Graphic Packaging International, LLC

          REPORT AND RECOMMENDATION

          LEO I. BRISBOIS, U.S. MAGISTRATE JUDGE

         This matter came before the undersigned United States Magistrate Judge for a hearing on December 18, 2018, upon Plaintiff's Motion to Stay Calculation or Taxation of Costs. [Docket No. 1047].

         For the reasons discussed herein, the undersigned recommends that Plaintiff's Motion to Stay Calculation or Taxation of Costs, [Docket No. 1047], be DENIED.

         I. Background

         The parties-and the Court-are familiar with the facts underlying this action. Therefore, only facts relevant to the Motion presently before the Court will be set forth herein.

         Plaintiff Inline Packaging, LLC and Defendant Graphic Packaging International, LLC compete in the microwave susceptor food packaging market; primarily with respect to microwave susceptor food packaging that crisps and browns the food product. (Order, [Docket No. 505], at 1). In the present action, Inline brought claims against Graphic alleging tortious interference with prospective business relations; tortious interference with existing contractual relations; misappropriation of trade secrets; maintenance or misuse of monopoly power; and violations of section 2 of the Sherman Act, based upon assertions that Graphic engaged in predatory discount bundling, sham litigation, and misappropriation of intellectual property. (Id. at 1-2).

         On March 29, 2018, Plaintiff filed its Motion for Partial Summary Judgment. [Docket No. 540]. On March 30, 2018, Defendant filed its Motion for Summary Judgment. [Docket No. 635].

         On September 5, 2018, the Honorable Ann D. Montgomery issued an Order granting summary judgment on all of Plaintiff's claims in Defendant's favor. (Order [Docket No. 1035]). Judgment was entered in Defendant's favor on September 6, 2018. (Judgment [Docket No. 1037]).

         On October 5, 2018, Defendant filed its bill of cost. [Docket No. 1039]. Therein the Defendant seeks the taxation of $304, 930.89 in costs against Plaintiff. (Id.).

         Also, on October 5, 2018, Plaintiff filed a Notice of Appeal to the Eighth Circuit Court of Appeals. [Docket No. 1040]. Plaintiff's Notice indicates that Plaintiff is appealing the final judgment entered on September 6, 2018, as well as, “all other rulings, decisions, orders, and decrees entered by the” Court, “in the above-named case that are subsumed in the Judgment . . . .” (Notice of Appeal [Docket No. 1040]).

         On October 19, 2018, Plaintiff filed its objection to Defendant's bill of cost. (Plf.'s Obj. [Docket No. 1053]). In that objection, Plaintiff contends that “[o]ver $225, 000 of the bill is unrecoverable as expenses related to Graphic's counsel e-discovery platform.” (Id. at 1).

         Also on October 19, 2018, Plaintiff filed the present Motion Stay Calculation or Taxation of Costs. [Docket No. 1047].

         II. Proper Authority to Rule Upon Motion in the First Instance

         Although not discussed by either party in their written briefs, the undersigned has concerns regarding whether or not the present Motion is properly ...