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`HOSPIRA, INC.
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`FRESENIUS KABI USA, LLC
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`v.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
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`HOSPIRA’S UNOPPOSED MOTION TO STAY
`FRESENIUS KABI’S BILL OF COSTS
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`No. 16-cv-651
` No. 17-cv-7903
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`Plaintiff,
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`Defendant.
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`Plaintiff Hospira, Inc. (“Hospira”) requests that the Court stay further proceedings on the
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`Bill of Costs (D.I. 1851) submitted by Defendant Fresenius Kabi USA, LLC (“Fresenius Kabi”).
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`Fresenius Kabi does not oppose Hospira’s request.
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`In support of its Motion, Hospira states as follows:
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`1. On December 17, 2018, the Court entered Final Judgment in favor of Fresenius Kabi.
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`(D.I. 176-177.) Hospira’s appeal of the Judgment is pending before the United States
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`Court of Appeals for the Federal Circuit (Fed. Cir. Case No. 19-1329). (See D.I. 179.)
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`2. On January 16, 2019, Fresenius Kabi submitted a Bill of Costs to this Court seeking
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`~$138,000. (D.I. 185; see also D.I. 194.)
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`3. On January 31, 2019, Hospira objected to Fresenius Kabi’s Bill of Costs, asserting that
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`Fresenius Kabi is entitled to only ~$50,000 in costs. (D.I. 188.)
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`4. Separately, on February 11, 2019, the Court stayed Fresenius Kabi’s request for
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`attorneys’ fees pending Hospira’s appeal. (D.I. 196.)
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`1 Docket entry numbers refer to the docket of Case No. 16-651.
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`Case: 1:16-cv-00651 Document #: 197 Filed: 02/14/19 Page 2 of 3 PageID #:6679
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`5. The Court has discretion to similarly stay entry of costs pending Hospira’s appeal. See,
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`e.g., Trading Techs. Int’l, Inc. v. eSpeed, Inc., 750 F. Supp. 2d 962, 968 (N.D. Ill. 2010).
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`6. A stay regarding Fresenius Kabi’s Bill of Costs will best manage the resources of the
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`Court and the parties. A stay will allow the Court to address the issues of costs and
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`attorneys’ fees together. Alternatively, Fresenius Kabi’s Bill of Costs (along with its fee
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`request) will be mooted if Hospira prevails on appeal.
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`7. Fresenius Kabi does not oppose staying its Bill of Costs until after appeal.
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`WHEREFORE, Hospira requests that the Court stay further proceedings on Fresenius Kabi’s Bill
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`of Costs pending Hospira’s appeal.
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`Dated: February 14, 2019
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`Respectfully submitted,
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`/s/ Sara T. Horton
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`Bradford P. Lyerla
`Sara T. Horton
`Aaron A. Barlow
`Yusuf Esat
`Ren-How H. Harn
`JENNER & BLOCK LLP
`353 N. Clark Street
`Chicago, IL 60654-3456
`(312) 222-9350
`blyerla@jenner.com
`shorton@jenner.com
`abarlow@jenner.com
`yesat@jenner.com
`rharn@jenner.com
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`Attorneys for Plaintiff Hospira, Inc.
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`2
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`Case: 1:16-cv-00651 Document #: 197 Filed: 02/14/19 Page 3 of 3 PageID #:6680
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`CERTIFICATE OF SERVICE
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`I, Yusuf Esat, an attorney at the law firm of Jenner & Block LLP, certify that on February
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`14, 2019, the foregoing Hospira’s Unopposed Motion to Stay Fresenius Kabi’s Bill of Costs
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`was electronically served on counsel of record via the Court’s CM/ECF system.
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`/s/ Yusuf Esat______
`Yusuf Esat
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`3
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