Espencheid v. DirectSat USA, LLC et al

Filing 118

ORDER granting 111 motion for costs pursuant to Fed. R. Civ. P. 41(d). Defendants awarded $1,195.30 in costs. Signed by District Judge Barbara B. Crabb on 5/10/10. (krj)

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IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------AA R O N L. ESPENSCHEID, GARY IDLER and RICARDO BOLANO, on behalf of themselves and a class of employees and/or former employees sim ilarly situated, ORDER 0 9 - cv -6 2 5 - b b c P l a i n t i ff s , v. D I R E C T S A T USA, LLC and U N IT EK USA, LLC, D efendan ts. --------------------------------------------In this proposed class and collective action for monetary and injunctive relief, plaintiffs Aaron Espenscheid, Gary Idler and Ricardo Bolano contend that defendants D irectS at USA, LLC and UniTek, LLC violated FLSA and certain wage and overtime com pen sation laws of Wisconsin, Minnesota and Pennsylvania. On April 12, 2010, I granted defendants' motion for costs pursuant to Fed. R. Civ. P. 41(d), and told them to subm it evidence establishing the costs incurred in defending related actions in Minnesota an d Pennsylvania that they have abandoned in favor of this action. Defendants' counsel, 1 Jo hn P. Elliott, has submitted an affidavit, dkt. #111, in which he avers that defendants incurred $1,195.30 in costs in defending the Pennsylvania and Minnesota actions. Elliott has attached charts and itemized bills reflecting the specific costs for each action. Plaintiffs do not object to the costs. Dkt. #113. Because the costs appear reasonable and are u no p po sed , I am granting defendants' motion for costs in the amount of $1,195.30. OR DER IT IS ORDERED that the motion for costs pursuant to Fed. R. Civ. P. 41(d), dkt. # 11 1, is GRANTED. Plaintiffs must pay $1,195.30 in costs to defendants. E n tered this 10th day of May, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge 2

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