Opinion
Case No. 8:02-cv-2052-T-23MSS
December 5, 2003
ORDER
The United States1 motion for reconsideration of paragraph 11 of the contempt order (Doc. 85) is DENIED. Either the United States or Prater ultimately must pay the costs of this action, including the cost of a Special Master. Under the present order, the United States merelyadvances the costs, subject to subsequent assessment against Prater, if the United States prevails and if Prater has sufficient assets. Like every other litigant, the United States must evaluate the costs versus the benefits of litigation, accounting realistically the prospect that Prater might prevail or that the United States1 assessment of Prater's assets is erroneous. However, in the interim, the Special Master is devoting valuable time to an undertaking triggered by the United States for the benefit of the United States (and the public). At the conclusion of the matter (and at other times), the risk of non-payment should not fall on the Special Master. The United States is the only reliable source of payment. (Of course, nothing prohibits the United States' applying for interim payments from identified funds under proper circumstances.)
ORDERED in Tampa, Florida.