Acosta v. APEX Investigative Services, Inc. et al

Filing 8

ORDER signed by Judge Garland E. Burrell, Jr on 3/17/14 GRANTING #5 Application for refund of filing fee under USERRA. Plaintiff's request that any related court fees and costs in the future be waived is DENIED as ambiguous and premature for decision. (cc:Financial) (Manzer, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JASON ACOSTA,

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No. 2:14-cv-00399-GEB-EFB

Plaintiff,
v.

ORDER

APEX INVESTIGATIVE SERVICES,
INC., a California
Corporation; APEX
INVESTIGATION SERVICES, INC.,
a California Corporation; and
DOES 1 to 100, inclusive,
Defendants.
Plaintiff

applies

for

an

order

“waiv[ing]

and

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reimburs[ing] Plaintiff the court costs of $400.00 involved in

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filing Plaintiff‟s Complaint . . . and waiv[ing] any related

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court fees and costs in the future . . . . [under] the Uniformed

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Services Employment and Reemployment Rights Act of 1994 (USERRA)

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. . . .” (Pl.‟s Appl. 1:20-25, ECF No. 5.)

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“Congress

enacted

USERRA

in

order

to

„prohibit

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discrimination against persons because of their service in the

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uniformed services.‟” Davis v. Advocate Health Ctr. Patient Care

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Exp., 523 F.3d 681, 683 (7th Cir. 2008) (quoting Bowlds v. Gen.

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Motors Mfg. Div. of the Gen. Motors Corp., 411 F.3d 808, 810 (7th

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Cir. 2005)). “As part of the legislation‟s broad remedial scheme,

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USERRA provides that „[n]o fees or court costs may be charged or

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taxed against any person claiming rights under this chapter.‟”
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Id. at 684 (quoting 38 U.S.C. § 4323(h)(1)). “In light of the

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plain language of 38 U.S.C. § 4323(h)(1) and Congress‟s intent,

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in USERRA and elsewhere, to lessen the costs of litigation for

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veterans, . . . 38 U.S.C. § 4323(h)(1) permits a USERRA litigant

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to initiate suit without prepaying the filing fee.” Id. at 685.

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“Because [Plaintiff] has already paid his filing fee to

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proceed in this court, [I] ORDER the clerk of this court to

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refund [Plaintiff‟s $400.00] filing fee.” Id.; see also Fincher

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v. Ga. Pac., LLC, No. 1:08-CV-3839-JOF, 2009 WL 1075269, at *1

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(N.D. Ga. Apr. 21, 2009) (granting the plaintiff‟s motion for

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refund of filing fee under USERRA). However, Plaintiff‟s request

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that “any related court fees and costs in the future” be waived

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is denied as ambiguous and premature for decision.

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Dated:

March 17, 2014

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