Opinion
No. 1:04-CV-751.
March 23, 2006
OPINION AND ORDER
The Court held a hearing in this matter on March 23, 2006, consistent with its January 31, 2006 Order (doc. 21). In such Order, the Court set the hearing and stated "should Defendants or their Counsel fail to appear, Default Judgment shall be entered for Plaintiff and a hearing on damages will be held" (Id.). Defendants were both served such Order, and both responded with correspondence, which the clerk has docketed (docs. 23 24). However, neither Defendant appeared at the March 23, 2006 hearing, nor did counsel appear on their behalf.
Having reviewed this matter, the Court finds it appropriate, consistent with its January 31, 2006 Order and Fed.R.Civ.P. 55, to ENTER default judgment against Defendants. The Court however refers this matter to Magistrate Judge Hogan for a hearing on damages. The Magistrate Judge shall take into account Defendants' correspondence (docs. 23 24), and any evidentiary proof on damages submitted by the parties, to arrive at a damages award, if any, to be granted to Plaintiff. The Magistrate Judge shall also determine whether, under the American Rule, attorney's fees are due Plaintiff's counsel, and if so, set a reasonable award of such fees.
SO ORDERED.