Opinion
5:23-cv-441-GAP-PRL
05-03-2024
LANDRIA R. ADAMS, individually and on behalf of all others similarly situated, Plaintiff, v. GENESIS ELDERCARE REHABILITATION SERVICES, LLC d/b/a POWERBACK REHABILITATION, LLC, et al., Defendants.
ORDER
PHILIP R. LAMMENS UNITED STATES MAGISTRATE JUDGE
On April 3, 2024, following a jury trial, verdict was entered in favor of Defendants finding that Plaintiff agreed to, and was bound by the terms of two arbitration agreements. (Doc. 98). As a result, the Court directed that the case be compelled to arbitration and stayed this action. (Doc. 99). Defendants then filed a motion for taxation of costs against Plaintiff seeking costs as the prevailing party under Rule 54(d)(1), Fed.R.Civ.P. In response, Plaintiff argues inter alia, that Defendants are not entitled to costs because both arbitration agreements provide that “[e]ach party will pay for its own costs and attorneys' fees.” Defendants did not address this argument in their motion. Accordingly, on or before May 16, 2024, Defendants shall file a reply memorandum, limited to 7 pages, addressing this issue.
DONE AND ORDERED