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McDonnell v. Cardiothoracic & Vascular Surgical Associates

June 22, 2006

BRYAN E. MCDONNELL, PLAINTIFF,
v.
CARDIOTHORACIC & VASCULAR SURGICAL ASSOCIATES, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Judge Gregory L. Frost

Magistrate Judge Kemp

ORDER

The Court considers this matter pursuant to a Motion for an Order Staying Award of Costs Pending Supreme Court Review filed by Plaintiff Bryan E. McDonnell ("McDonnell") (Doc. # 200). Specifically, McDonnell moves the Court to stay its ruling on the Motions for Bill of Costs filed by Defendants Cardiothoracic & Vascular Surgical Associates, Inc. ("CVSA"), Cardiothoracic & Vascular Surgical Specialists, Inc. ("CVSS"), and Genesis Healthcare (Doc. # # 184, 185, 197) pending the Supreme Court's disposition of McDonnell's anticipated petition for certiorari. (Doc. # 200 at 1). The time for filing a response has passed without action by CVSA, CVSS, and Genesis.

The Court utilizes its discretion to DENY the motions for bills of costs (Doc. # # 184, 185, 197) WITHOUT PREJUDICE subject to re-filing by CVSA and CVSS within fourteen (14) days after the Supreme Court's decision on the petition or on the merits, whichever becomes applicable. Singleton v. Department of Correctional Educ., et al., 2003 U.S. Dist. LEXIS 17834, at *3 (W.D. VA 2003) (discussing court's discretion relative to ruling on bill of costs motions while an appeal is pending). See also Epcon Gas Systems, et al. v. Bauer Compressors, Inc., 2001 U.S. Dist. LEXIS 12665, at *3 (E.D. MI 2001) (same). See also Southern District of Ohio Rule 54.1(a) (providing "Unless otherwise ordered, taxation of costs shall not occur until a final judgment in favor of a party entitled to an award of costs has been entered by the Court. The bill of costs shall be served within fourteen (14) days after the date such judgment becomes final, which ordinarily is the date on which . . . the judgment is final after all appeals) (emphasis added). If filed within that time frame, the Court shall treat the motions as timely filed.

Therefore, Plaintiff's motion for a stay is DENIED as moot (Doc. # 200), and the Court ORDERS McDonnell to notify the Court when he has filed his petition, and when the Supreme Court has completed its review of the petition and of the merits, if applicable.

IT IS SO ORDERED.

GREGORY L. FROST UNITED STATES DISTRICT JUDGE

20060622

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