Kolodziej v. DS Waters of America, Inc.

Filing 14

ORDER granting 12 Motion for reimbursement and waiver signed by Judge Frank C. Damrell, Jr on 1/16/09: Plaintiff shall be reimbursed the $350 filing fees paid to the court in initiating this action, and all plaintiff's future court fees and costs in this matter are waived. (Kaminski, H)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. DS WATERS OF AMERICA INC., a Georgia corporation dba Alhambra Water; DOES 1 to 100, inclusive, Defendants. ----oo0oo---MARK KOLODZIEJ, Plaintiff, UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ----oo0oo----

NO. CIV. 2:08-cv-2003 FCD DAD ORDER

This matter is before the court on plaintiff Mark Kolodziej's motion for reimbursement and waiver of court costs pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA"), 38 U.S.C. § 4323. Waters of America does not oppose the motion. Defendant DS

Pursuant to §

4323(h)(1) of the USERRA, "[n]o fees or court costs may be charged or taxed against any person claiming rights" under the statute. 38 U.S.C. § 4323(h)(1) (West 2009); see also 20 C.F.R.

§ 1002.310 ("No fees or court costs may be charged or taxed

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against an individual if he or she is claiming rights under the Act."). Therefore, in light of plaintiff's claims for relief,

defendant's non-opposition to plaintiff's motion, and the relevant statutory and regulatory authority, plaintiff's motion for reimbursement and waiver is GRANTED. Plaintiff shall be

reimbursed the $350 filing fees paid to the court in initiating this action, and all plaintiff's future court fees and costs in this matter are waived. IT IS SO ORDERED. DATED: January 16, 2009

FRANK C. DAMRELL, JR. UNITED STATES DISTRICT JUDGE

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