Freeny et al v Apple Inc, No. 2:13-cv-00361 (E.D. Tex. Dec. 4, 2014)

From the Opinion

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Before the Court is Defendant Vizio, Inc.’s Contested Motion for Bill of Costs Pursuant to Fed. R. Civ. P. 54(d). Case No. 2:13-cv-361 Docket No. 133. The motion is DENIED. After some discovery had taken place, but before dispositive motions were filed in this case, the plaintiffs dismissed their claims against defendant Vizio with prejudice. The dismissal with prejudice rendered Vizio the prevailing party in the lawsuit. See Schwartz v. Folloder, 767 F.2d 125, 131 (5th Cir.