United States District Court, D. Minnesota
Adrianna Shannon, Esq., and Bonnie Smith, Esq., Shannon Law,
LLC, counsel for Plaintiff.
R. Kjellberg-Nelson, Esq., and Dyan J. Ebert, Esq., Quinlivan
& Hughes, PA; counsel for Defendant Kanabec County.
Morrison Kershner, Esq., Kendra Elizabeth Olson, Esq., and
Kristi A. Hastings, Esq., Pemberton, Sorlie, Rufer &
Kershner, counsel for Defendant Mille Lacs County.
MEMORANDUM OPINION AND ORDER
Donovan W. Frank United States District Judge.
matter is before the Court on Plaintiff Wendy Thompson's
(“Thompson”) Motion for Review of Taxation of
Costs. (Doc. No. 210.)
Court granted summary judgment on Thompson's federal
claim in favor of Defendant Kanabec County
(“Kanabec”) and dismissed it with prejudice.
(Doc. No. 195.) Absent a federal claim, the Court declined to
exercise supplemental jurisdiction over Thompson's state
claims against Defendants Kanabec and Mille Lacs County
(“Mille Lacs”) (collectively,
“Defendants”) and dismissed them without
Kanabec and Mille Lacs each filed a Bill of Costs. (Doc Nos.
197, 198.) Thompson objected to Kanabec's Bill of Costs
(Doc. Nos. 198, 199), but did not object to Mille Lacs'
Bill of Costs. The clerk entered judgment in favor of
Kanabec in the amount of $2, 877.80 (Doc. No. 207) and Mille
Lacs in the amount of $3, 130.70 (Doc. No.
208). Thompson filed a motion for review of the
clerk's cost judgment with respect to both Kanabec and
Mille Lacs. (Doc. No. 210.)
argues that the cost judgments are premature because Kanabec
and Mille Lacs are not prevailing parties. (Doc. No. 212. at
1.) She argues further that even if Defendants are prevailing
parties, the cost judgments are unjust because of the
financial disparities between she and the Defendants.
(Id. at 2.) Kanabec and Mille Lacs each filed a
response in opposition to Thompson's motion for review.
(Doc. Nos. 217, 218.)
28 U.S.C. § 1920 and Fed.R.Civ.P. 54(d), the Court has
“substantial discretion” in awarding costs to a
prevailing party. Zotos v. Lindbergh, 121 F.3d 356,
363 (8th Cir. 1997). Unless a federal statute, rule, or court
provides otherwise, “costs- other than attorney's
fees-should be allowed to the prevailing party.”
overcome the presumption of taxation, Thompson has the burden
to show that the cost judgment “is inequitable under
the circumstances.” Concord Board Corp. v.
Brunswick Corp., 309 F.3d 494, 498 ...