Free Memorandum in Support of Motion - District Court of Connecticut - Connecticut

Case 3:03-cv-00378-DJS

Document 45

Filed 11/04/2005

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT DONNA OWEN Plaintiff, v. GEORGIA PACIFIC Defendant. November 3, 2005 CIVIL ACTION NO. 3:03 CV 378 (DJS)

MEMORANDUM IN SUPPORT OF PLAINTIFF'S APPEAL OF THE AWARD OF COSTS BACKGROUND The Court granted defendant Georgia Pacific's motion for summary judgment in the above cited case on August 26, 2005. Defendant Georgia Pacific filed its request for costs in the amount of $1,918.70 on October 4, 2005. The Court Clerk signed an Order awarding $1,918.70 to the defendant on October 31, 2005. ARGUMENT Pursuant to Local Rule 54(d), the plaintiff appeals the award of costs in this matter due to her poor financial ability to pay such costs. Attached to this memorandum is plaintiff Owen's affidavit in support of her contention that her financial ability to pay such ordered costs is poor. As the affidavit makes clear, plaintiff is making little money and has incurred substantial debt since being discharged by defendant. She states in her affidavit that: "...it would be a great hardship to pay Georgia Pacific's costs in this case." In addition, plaintiff is in the process of obtaining a divorce from her husband. In

Case 3:03-cv-00378-DJS

Document 45

Filed 11/04/2005

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that regard, she has requested indigent status and the Family Court has determined that she is indigent. Accordingly, the entry fee and the filing fee were both waived as noted on the attached documents. CONCLUSION For the above cited reasons, plaintiff respectfully requests that she not be ordered to pay Georgia Pacific's costs in the instant matter. THE PLAINTIFF: DONNA OWEN

By: Stephen P. Horner, Esquire Horner & Bagnell LLC 2183 Boston Post Road Darien, Connecticut 06820 Federal Bar Number: ct 02460 (203) 655-7905

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Case 3:03-cv-00378-DJS

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Filed 11/04/2005

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CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing was sent via first class mail, postage prepaid on November 3, 2005 to: Gregory Nokes, Esq. McCARTER & ENGLISH CityPlace 1, 185 Asylum Street Hartford, CT 06103-3495 Richard Haygood, Esq. Kilpatrick Stockton LLP 3737 Glenwood Avenue, Suite 400 Raleigh, North Carolina 27612

Stephen P. Horner

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