Weiskopf v. Tiny Cocoons, Inc.

N.D. Indiana

Weiskopf v. Tiny Cocoons, Inc.

DecidedJanuary 7, 2025

Docket4:23-cv-00071

StatusUnknown

This text of Weiskopf v. Tiny Cocoons, Inc. (Weiskopf v. Tiny Cocoons, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Weiskopf v. Tiny Cocoons, Inc., (N.D. Ind. 2025).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

DANIEL WEISKOPF and ) ELIZABETH WEISKOPF, ) Plaintiffs, ) ) v. ) CAUSE NO.: 4:23-CV-71-JEM ) TINY COCOONS, INC., et al., ) Defendants. )

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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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION AT LAFAYETTE

DANIEL WEISKOPF and ) ELIZABETH WEISKOPF, ) Plaintiffs, ) ) v. ) CAUSE NO.: 4:23-CV-71-JEM ) TINY COCOONS, INC., et al., ) Defendants. )

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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