Deramus v. Jackson Natl Life ( 1998 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
________________________
No. 97-60225
Summary Calendar
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JODY DERAMUS, Individually and as
Administratrix of the Estate of
John Doe (Frank Deramus),
Plaintiff-Appellant,
v.
JACKSON NATIONAL LIFE
INSURANCE COMPANY,
Defendant-Appellee.
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Appeal from the United States District Court for the
Southern District of Mississippi
(3:92-CV-225WS)
___________________________________________________________________
January 9, 1998
Before JOLLY, BENAVIDES, AND PARKER, Circuit Judges.
PER CURIAM:1
On March 19, 1992, the appellant, Jody Deramus, individually
and as the administratrix of the estate of her deceased husband,
Frank Deramus, filed suit against the appellee, Jackson National
Life Insurance Company (“JNL”), in Mississippi state court,
alleging that JNL was negligent in not disclosing that it had
discovered, during its consideration of a life insurance
application by Mr. Deramus, that Mr. Demarus was infected with HIV.
On April 17, 1992, JNL timely removed the action to federal court
1
Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
based on diversity of citizenship. On September 29, 1995, after
nearly three and one-half years of pre-trial proceedings, the
district court granted JNL’s motion to dismiss and/or for summary
judgment, finding that, under the factual circumstances of the
case, JNL did not have a duty to disclose to either Mr. or Mrs.
Deramus that it had discovered that Mr. Deramus was infected with
HIV. On appeal, this court affirmed, adopting the memorandum
opinion of the district court, and taxed costs against the
appellant in the amount of $184.25. Deramus v. Jackson Nat’l Life
Ins. Co., 92 F.3d 274 (5th Cir. 1996), cert. denied, 117 S. Ct. 956
(1997).
Upon completion of the first appeal, the district court held
a hearing on the appellant’s objections to JNL’s bill of costs. By
Order dated March 10, 1997, the district court awarded JNL costs in
the amount of $2,592.64. In this appeal, the appellant argues that
the district court erred in awarding JNL the following costs: (1)
$75.00 for the cost of obtaining a legible transcription of the
decedent’s medical records; (2) $1,621.60 for deposition
transcripts; (3) $366.54 for copies of medical and tax records; and
(4) $85.50 for “additional” copies of JNL’s pleadings.
After carefully reviewing the record and the parties’
arguments on appeal, we are unable to find that the district court
abused its discretion in awarding JNL the above costs. See
Louisiana Power & Light Co. v. Kellstrom, 50 F.3d 319, 334 (5th
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Cir. 1995). Accordingly, we AFFIRM.2
2
In addition, the appellant’s motion to strike brief for appellee is
DENIED.
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