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- ilcd;;4:16-cv-04169_de110 RegisterActionDate "2018-10-18" @default.
- ilcd;;4:16-cv-04169_de110 RegisterActionDescriptionText "TEXT ORDER: Defendants have filed bill of costs for $820.55, which has been docketed as a motion. (d/e 89 .) One of the exceptions to awarding costs under Fed. R. Civ. P. 54 is indigency. Mother and Father v. Cassidy, 338 F.3d 704, 709 (7th Cir. 2003)("We have recognized only two situations in which the denial of costs might be warranted: the first involves misconduct of the party seeking costs, and the second involves a pragmatic exercise of discretion to deny or reduce a costs order if the losing party is indigent."). The losing party has the burden of showing an inability to pay the costs now or in the future, and "the district court should consider the amount of costs, the good faith of the losing party, and the closeness and difficulty of the issues raised by a case when using its discretion to deny costs." Rivera v. City of Chicago, 469 F.3d 631, 636 (7th Cir. 2006). Plaintiff objects, attaching his trust fund ledger which shows that he has $72.33 in his account, receives $10.00 a month in payroll, and receives gifts of money from the outside, usually on a monthly basis and for about $50.00. (d/e 90 .) Plaintiff cannot afford to pay over $800 in costs now, nor can it be said with any confidence that he will be able to do so in the future. Plaintiff had a good faith basis for his claim, and this Court thought the issues presented at trial were fairly close. For these reasons, Defendants' motion for costs is denied. (d/e 89 .) Entered by Magistrate Judge Tom Schanzle-Haskins on 10/18/2018. (MAS, ilcd) (Entered: 10/18/2018)" @default.
- ilcd;;4:16-cv-04169_de110 AdministrativeID "None" @default.
- ilcd;;4:16-cv-04169_de110 hasJudgeReference SJ001512 @default.
- ilcd;;4:16-cv-04169_de110 hasReferenceToOtherEntry ilcd;;4:16-cv-04169_de106 @default.
- ilcd;;4:16-cv-04169_de110 hasReferenceToOtherEntry ilcd;;4:16-cv-04169_de109 @default.