Thomas v. Viskase Companies Inc

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION JAMIE THOMAS PLAINTIFF

No. 3:19-cv-371-DPM

VISKASE COMPANIES, INC. DEFENDANT

ORDER Viskase’s opposed request for $1469.20 in deposition-related expenses, Doc. 59, is denied. The Court appreciates Thomas’s updated IFP form, Doc. 66. (The Court directs the Clerk to clear the gavel on that document). She remains entitled to IFP status. Viskase prevailed, which creates a presumptive entitlement to costs. Concord Boat Corp. v. Brunswick Corp., 309 F.3d 494, 498 (8th Cir. 2002). But, Thomas’s financial situation weighs against any award. Cross v. General Motor Corp., 721 F.2d 1152, 1157 (8th Cir. 1983). The Court declines to tax costs in these circumstances. Poe v. John Deere Company, 695 F.2d 1103, 1108 (8th Cir. 1982). So Ordered.

D.P. Marshall Jr. United States District Judge 1 fomvoy War