Opinion
Civil Action No. 09-581.
August 17, 2010
ORDER
Plaintiffs' Motion (Doc. 55) for a damages hearing on default judgment is GRANTED. Given that this case has been referred to a magistrate judge under Local Rule 72.G, the damages hearing will proceed before the undersigned, in Courtroom No. 9A, Ninth Floor, United States Post Office and Courthouse, Seventh Avenue and Grant Street, Pittsburgh, Pennsylvania, commencing at 10:00 a.m. on September 27, 2010. After the hearing, the undersigned will issue a report and recommendation regarding damages for the District Court's consideration.
Compare Doc. 5 (Plaintiffs' selection of District Judge option) with LCvR. 72.G ("[i]f a party elects to have the case assigned to a District Judge, the Magistrate Judge shall continue to manage the case by deciding non-dispositive motions and submitting reports and recommendations on dispositive motions, unless otherwise directed by the District Judge").
The undersigned may conduct the damages hearing under 28 U.S.C. § 636 and Local Rule 72.D.1.c. See Callier v. Gray, 167 F.3d 977, 982-83 (6th Cir. 1999) (magistrate judge may preside over default judgment damages hearing, and issue report and recommendation, pursuant to 28 U.S.C. § 636(b)); LCvR. 72.D.1.c (endorsing report and recommendation procedures "for review of default judgments"). Notably, moreover, Plaintiffs have declined the District Court's invitation to demonstrate their entitlement to a jury determination on damages. Compare Order dated July 26, 2010 (Doc. 54) at 3 with Pls.' Mot. for Hearing.
Finally, Plaintiffs' request that Louis D. Thompson and Heidi L. Thompson be permitted to testify at the hearing via telephone (see Pls.' Mot. at ¶ 7) is DENIED. Rather, the testimony of witnesses must be presented in person, or, alternatively, by video deposition.
IT IS SO ORDERED.