Terrence Eyles v. Uline, Inc.
Filing
511141300
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Case: 09-10972
Document: 00511141300
Page: 1
Date Filed: 06/14/2010
IN THE UNITED STATES COURT OF APPEALS United States Court of Appeals FOR THE FIFTH CIRCUIT Fifth Circuit FILED
June 14, 2010 N o . 09-10972 Lyle W. Cayce Clerk
T E R R E N C E EYLES P la in t iff - Appellant v. U L I N E , INC. D e fe n d a n t - Appellee
A p p e a l from the United States District Court fo r the Northern District of Texas U S D C No. 4:08-cv-577-A
B e fo r e JONES, Chief Judge, and KING and HAYNES, Circuit Judges. P E R CURIAM:* T h e plaintiffappellant, Terrence Eyles, appeals the district court's grant o f summary judgment to the defendantappellee, Uline, Inc., on his claims under the anti-retaliation provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a). Essentially for the reasons stated by the district court, we affirm. See E y le s v. Uline, Inc., No. 4:08-cv-577, 2009 WL 2868447 (N.D. Tex. Sept. 4, 2009). E y le s also contends that the district court erred in failing to award him c o u r t costs and liquidated damages under 29 U.S.C. § 216(b) on his successful
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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.
*
Case: 09-10972
Document: 00511141300
Page: 2
Date Filed: 06/14/2010
No. 09-10972 c la im for $71.67 in back pay. But this suit was not necessary to obtain this r e c o v e r y . The Department of Labor concluded, after investigation, that Eyles w a s entitled to $71.67 in back pay. Uline offered Eyles the full $71.67 through t h e Department of Labor, which Eyles refused in favor of filing the present suit. Therefore, Eyles's costs in pursuing exactly this recovery in a federal lawsuit w e r e not reasonably incurred. Eyles also did not demand liquidated damages o n the back pay issue in his amended complaint or at any other point in the p r o c e e d in g s before the district court. For these reasons, Eyles is not entitled to c o s t s or liquidated damages. AFFIRMED
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