Weiskopf et al v. Tiny Cocoons, Inc. et al

Filing 108

OPINION AND ORDER: The Court hereby GRANTS the relief requested in Plaintiffs' Submission of Unredacted Invoices in Compliance with Court Order 106 and GRANTS the portion of Plaintiffs' Motion for Entry of Default and Final Default Judgm ent against Defendant Tiny Cocoons, Inc., taken under advisement 88 . In addition to the $97,905.00 for actual damages, enhanced damages of $195,810.00, prejudgment interest at the simple interest rate of 8% through the date of this j udgment in the sum of $10,172.04, and post judgment interest at the rate of 8% pursuant to Indiana state law from the date of this judgment until paid in damages previously awarded, see Op. & Order, 100 , the Court AWARDS $16,100.50 in reasonable attorneys' fees in favor of Plaintiffs Daniel Weiskopf and Elizabeth Weiskopf against Tiny Cocoons, Inc. Signed by Magistrate Judge John E Martin on 01/07/2025. (Copy mailed to pro se parties)(jdb)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF INDIANA
HAMMOND DIVISION AT LAFAYETTE
DANIEL WEISKOPF and
ELIZABETH WEISKOPF,
Plaintiffs,

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v.
TINY COCOONS, INC., et al.,
Defendants.

CAUSE NO.: 4:23-CV-71-JEM

OPINION AND ORDER
This matter is before the Court on Plaintiffs’ Submission of Unredacted Invoices in
Compliance with Court Order [DE 105], filed on December 18, 2024. On December 3, 2024, the
Court granted Plaintiffs’ Motion for Entry of Default and Final Default Judgment against
Defendant Tiny Cocoons, Inc., [DE 100] but took under advisement the issue of the amount of
attorneys’ fees to be awarded. Pursuant to the Court’s order, Plaintiffs submitted unredacted
invoices on December 18, 2024. The invoices from Plaintiffs’ former counsel, IceMiller, set forth
attorneys’ fees and costs of $17,657.12.
Regarding costs, “costs of the action” are recoverable under Indiana Code § 34-24-3-1 (the
statutory provision under which the Court is making the award in favor of Plaintiff), but postage,
copy, and process server fees are not included. Nance v. Miami Sand & Gravel, LLC, 825 N.E.2d
826, 839 (Ind. Ct. App. 2005) (citing Johnson v. Naugle, 557 N.E.2d 1339, 1346 (Ind. Ct. App.
1990)). Only filing fees and statutory witness fees are included as “costs of the action.” Id.
Therefore, the $19.35 in FedEx fees, and $1,537.27 in process server fees will not be awarded.
The Court finds the remaining $16,100.50 to be a reasonable attorney fee for the time spent by
IceMiller.

Accordingly, the Court hereby GRANTS the relief requested in Plaintiffs’ Submission of
Unredacted Invoices in Compliance with Court Order [DE 105]. In addition to the $97,905.00 for
actual damages, enhanced damages of $195,810.00, prejudgment interest at the simple interest rate
of 8% through the date of this judgment in the sum of $10,172.04, and postjudgment interest at the
rate of 8% pursuant to Indiana state law from the date of this judgment until paid in damages
previously awarded, see (Op. & Order, DE 100), the Court AWARDS $16,100.50 in reasonable
attorneys’ fees in favor of Plaintiffs Daniel Weiskopf and Elizabeth Weiskopf against Tiny
Cocoons, Inc.
SO ORDERED on 7th day of January, 2025.
s/ John E. Martin
MAGISTRATE JUDGE JOHN E. MARTIN
UNITED STATES DISTRICT COURT
cc:

Plaintiffs Daniel and Elizabeth Weiskopf, pro se
Defendants Chris Baer and Yinan Liu, pro se
Defendant Tiny Cocoons, Inc.

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