Opinion
Civil Action No. 2:07-CV-0435.
April 21, 2010
ORDER
This matter is before the Court on Plaintiff, Stephen J. Turchan's ("Turchan") Brief in Support of Damages Award. (Doc. 67.) On March 17, 2010, this Court issued an Order granting Turchan's Motion for Default Judgment Against Defendant Joseph Garrity ("Garrity"). (Doc. 66.) In that Order, this Court held that the issue of damages in this case would be determined by written submission, and set forth the deadlines for Turchan and Garrity to submit briefs on the issue of damages. On March 23, 2010, Turchan filed a Brief in Support of Damages Award, asking that the Court award him compensatory damages totaling $31,754.24, legal fees and costs totaling $15,493.75, and punitive damages of $100,000. (Doc. 67.) On April 12, 2010, Turchan filed a Notice of Defendant's Failure to File Brief in Opposition to Plaintiff's Brief in Support of Damages Award. (Doc. 69.)
Federal Rule 55(b)(2) also allows this Court to determine the amount of damages after granting a motion for a default judgment. Fed.R.Civ.P. 55(b)(2) ("The court may conduct hearings or make referrals — preserving any statutory right to a jury trial — when, to enter or effectuate judgment it needs to . . . determine the amount of damages. . . ."). In his Complaint, Turchan set forth several claims for relief and stated that damages were in the amount to be determined at trial. (Doc. 2.) In both the Brief in Support of Damages Award and the accompanying Affidavit, Turchan has requested compensatory damages, attorney's fees and costs, and punitive damages. Turchan has not, however, provided this court with any evidence or accounting as to how he arrived at those figures. Turchan is required to prove his damages in accordance with applicable law. It is hereby ORDERED that Turchan provide to this Court a detailed accounting for the compensatory damages, attorney's fees and costs, and punitive damages he seeks.