Koziara, Michael v. BNSF Railway Company

Filing 259

ORDER FOR DISMISSAL with prejudice; Defendant BNSF Railway Company is awarded appellate costs in the amount of $565, in accordance with the mandate and bill of costs from the Court of Appeals; Defendant may file a supported petition to recorve costs by December 30, 2016. Signed by District Judge James D. Peterson on 12/16/2016. (jls)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
MICHAEL KOZIARA,
Plaintiff,
v.
BNSF RAILWAY COMPANY,

ORDER
13-cv-834-jdp

Defendant.

A jury found in favor of plaintiff Michael Koziara on his claim that defendant BNSF
Railway Company retaliated against him for reporting a workplace injury, in violation of the
Federal Rail Safety Act (FRSA). BNSF appealed, Dkt. 238, and the court stayed the
execution of the judgment pending appeal, Dkt. 255, at 15-16. The Court of Appeals for the
Seventh Circuit reversed and instructed this court to dismiss the suit. Dkt. 258. Koziara filed
a petition for rehearing en banc, which the Court of Appeals denied. Dkt. 258-2. The Court
of Appeals then issued its mandate with a bill of costs awarding BNSF its appellate costs in
the amount of $565. Dkt. 258-3.
Accordingly, the court will dismiss this case, with appellate costs, as instructed in the
decision and by the mandate of the Court of Appeals. Dkt. 258; Dkt. 258-1; Dkt. 258-3.
BNSF may also recover costs from this court with a properly supported bill of costs, to be
filed within 14 days.

ORDER
IT IS ORDERED that:
1. This case is DISMISSED with prejudice.
2. Defendant BNSF Railway Company is awarded appellate costs in the amount of
$565, in accordance with the mandate and bill of costs from the Court of Appeals.
3. Defendant may file a supported petition to recover costs by December 30, 2016.
Entered December 16, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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