Smith v. Kansa Technology, LLC et al, No. 2:2016cv16597 - Document 138 (E.D. La. 2019)
Court Description: ORDER AND REASONS granting 137 Motion for Taxation of Costs. Costs taxed in the amount of $2,127.95 against Shambria Necole Smith. Signed by Judge Lance M Africk on 5/14/19. (sbs)
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Smith v. Kansa Technology, LLC et al Doc. 138 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA SHAMBRIA NECOLE SMITH VERSUS CIVIL ACTION No. 16-16597 KANSA TECHNOLOGY, L.L.C. SECTION I ORDER & REASONS Before the Court is defendant Kansa Technology, L.L.C.’s (“Kansa”) motion1 to tax certain costs already awarded to it by the United States Court of Appeals for the Fifth Circuit. On May 1, 2019, the Fifth Circuit issued a per curiam opinion affirming this Court’s orders denying plaintiff Shambria Necole Smith’s (“Smith”) motion for leave to interview jurors and her motion for relief under Federal Rule of Civil Procedure 60(b). The Fifth Circuit’s judgment provides that Smith pay to Kansa the costs on appeal. Pursuant to Federal Rule of Appellate Procedure 39(e), certain costs on appeal are taxable to the district court for the benefit of the party entitled to such costs, which include the costs of obtaining a trial transcript, if it was necessary to determining the appeal. According to Kansa, the transcript was necessary, as it cited to the transcript multiple times in its brief in support of its position on appeal. 1 R. Doc. No. 137. Dockets.Justia.com Accordingly, IT IS ORDERED that the motion is GRANTED and that Kansa Technology, L.L.C. shall be awarded costs in the amount of $2,127.95. New Orleans, Louisiana, May 14, 2019. _______________________________________ LANCE M. AFRICK UNITED STATES DISTRICT JUDGE 2
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