UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION

NICHELLE L. JACKSON, ) ) Plaintiff, ) ) v. ) No. 1:19-cv-04052-JPH-DLP ) MED-1 SOLUTIONS, LLC, ) ) Defendant. )

ORDER GRANTING MOTION TO DISMISS AND ORDERING THAT PLAINTIFF BEAR ALL COSTS

Nichelle Jackson brought this suit asserting that Med-1 Solutions, LLC violated the Fair Debt Collections Act and Indiana Deceptive Consumer Sales Act. Ms. Jackson seeks dismissal with prejudice under Fed. R. Civ. P. 41(a)(2), with each party bearing its costs and attorney's fees. Dkt. 46. Med-1 Solutions does not object to dismissal with prejudice, but objects to Ms. Jackson's request that each party bear its own costs. Dkt. 47. Under Fed. R. Civ. P. 54, "where there is a dismissal of an action, even where such dismissal is voluntary and without prejudice, the defendant is the prevailing party." First Commodity Traders, Inc. v. Heinold Commodities, Inc.,

(7th Cir. 1985). Rule 54(d) "expressly notes that the award of costs is 'as of course,'" and the Seventh Circuit has interpreted this language as creating a "strong presumption that the prevailing party will recover costs." Mother and Father v. Cassidy,

(7th Cir. 2003). Defendant cites the two exceptions recognized in this Circuit where complete denial of costs is warranted—when the party seeking costs commits misconduct, or if the losing party is indigent. Dkt. 47 at 2. Because Plaintiff has not argued that either one of these two exceptions apply, costs should be awarded to the prevailing party, Med-1 Solutions, LLC. This general rule, however, is limited to costs only. See Cassidy,

. Plaintiffs’ motion to dismiss with prejudice, dkt. [46], is GRANTED in part and DENIED in part. Plaintiff must pay allcosts. Med-1 Solutions SHALL FILE its bill of costs, if necessary, by 14 days from the entry of final judgment. This case is DISMISSED; final judgment willissue in separate entry. SO ORDERED. Date: 9/28/2020 Sjamnu Patrick \bawlove James Patrick Hanlon oo United States District Judge Distribution: Southern District of Indiana

Eric D. Coleman SULAIMAN LAW GROUP LTD. [email protected] Nicholas Ward Levi KIGHTLINGER & GRAY, LLP (Indianapolis) [email protected] Jackson Lee Schroeder KIGHTLINGER & GRAY [email protected] Nathan C. Volheim SULAIMAN LAW GROUP, LTD. [email protected]