IN MATTER OF DAMROW CATTLE COMPANY, INC. (Bankr.D.Neb. 5-14-2008)

IN THE MATTER OF: DAMROW CATTLE COMPANY, INC., CH. 7, Debtor(s). JAMES J. STUMPF, Chapter 7 Trustee, Plaintiff, v. DOUBLE S LAND CATTLE CO., L.L.C., and FIRST NATIONAL BANK OF OMAHA, Defendants.

CASE NO. BK01-80266, A02-8129.United States Bankruptcy Court, D. Nebraska.
May 14, 2008

ORDER
TIMOTHY MAHONEY, Chief Judge

First National Bank of Omaha has filed a Bill of Costs (Fil. #265) requesting that costs be assessed against co-defendant Double S Land Cattle Co., L.L.C., in the total amount of $1,594.25. The bill of costs only requests costs permitted by statute and is limited to the cost of depositions of William Sandy which were filed with the Court and used to support the bank’s motion for summary judgment.

Pursuant to Federal Rule of Bankruptcy Procedure 7054(b), costs should generally be allowed to the prevailing party. The bank was the prevailing party in the underlying litigation, the costs applied for are authorized by statute[1] , and the amount requested is reasonable.

IT IS ORDERED that the request in the Bill of Costs (Fil. #265) is granted. Costs in the amount of $1,594.25 are taxed to the co-defendant Double S Land Cattle Co., L.L.C.

[1] 28 U.S.C. § 1920(2) permits taxation of costs for court reporter fees “for all or any part of the stenographic transcript necessarily obtained for use in the case[.]”

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