United States District Court, D. Minnesota
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 ...