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Malmgren v. Malmgren, 5:18-CV-287-BO. (2019)

Court: District Court, E.D. North Carolina Number: infdco20190822d44 Visitors: 18
Filed: Aug. 20, 2019
Latest Update: Aug. 20, 2019
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . This matter comes before the Court on petitioner's motion for bill of costs [DE 43] and respondent's motion for disallowance of costs [DE 49]. The Court, in its prior order denying petitioner's motion for an award of attorneys' fees and expenses, determined that "granting petitioner's motion and awarding attorneys' fees and costs would be clearly inappropriate." [DE 52]. Petitioner's unsuccessful motion had "incorporate[d] the Bill of Costs
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ORDER

This matter comes before the Court on petitioner's motion for bill of costs [DE 43] and respondent's motion for disallowance of costs [DE 49]. The Court, in its prior order denying petitioner's motion for an award of attorneys' fees and expenses, determined that "granting petitioner's motion and awarding attorneys' fees and costs would be clearly inappropriate." [DE 52]. Petitioner's unsuccessful motion had "incorporate[d] the Bill of Costs filed in this matter ... by reference, as though restated in its entirety herein." [DE 48, p. 3]. As such, the Court now clarifies that its prior order operated as a denial of both petitioner's motion for attorneys' fees and expenses and petitioner's motion for bill of costs. In light of this clarification, petitioner's motion for bill of costs [DE 43] is DENIED and respondent's motion for disallowance of costs [DE 49] is GRANTED.

SO ORDERED.

Source:  Leagle

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