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Peterson v. Payton

United States District Court, Eastern District of Michigan, Southern Division

February 11, 2015

Ronnie Peterson, Plaintiff,
v.
Devon Payton, Defendant.

R. STEVEN WHALEN MAGISTRATE JUDGE

ORDER GRANTING PLAINTIFF’S MOTION TO DETERMINE AMOUNT OF DAMAGES [47] AND ENTERING FINAL DEFAULT JUDGMENT

Arthur J. Tarnow Senior United States District Judge

Plaintiff alleges that Defendant, then a Detroit police officer, violated Plaintiff’s rights through the use of excessive force. On May 16, 2013, the Court entered an Order Granting Plaintiff’s Motion for Default Judgment Against Defendant [42] due to Defendant’s failure to defend the action and to comply with the Court’s prior order of sanctions.[1] The Court granted Defendant thirty days to obtain counsel and reopen the case, but he did not do so.

On July 3, 2013, Plaintiff filed a Motion to Reopen Case to Determine Amount of Damages [43]. On August 1, 2013, the Court issued an Order for Defendant to Show Cause Why Plaintiff’s Motion to Reopen Should Not Be Granted [44]. Defendant did not respond. The Court entered an Order Granting Plaintiff’s Motion to Reopen [45] on August 23, 2013. Plaintiff filed a Motion for Order Determining Amount of Damages [47] on April 15, 2014.[2]

It is within the Court’s discretion to determine the amount of damages in default judgment without holding an evidentiary hearing. Vesligaj v. Peterson, 331 Fed. App’x 351, 355 (6th Cir. May 11, 2009) (unpublished) (citing Ortiz-Gonzalez v. Fonovisa, 277 F.3d 59, 63 (1st Cir. 2002)). The Court has reviewed the evidence of damages submitted by Plaintiff as exhibits to his Motion for Order Determining Amount of Damages [47]. The Court deems this evidence sufficient to support Plaintiff’s requested award of $150, 000. Plaintiff also requests an award of “attorney fees as provided by law.” Since Plaintiff cites no law and provides no evidence in connection with his request for attorney fees, the Court will not award them at this time. Accordingly, IT IS ORDERED that Plaintiff’s Motion to Determine Amount of Damages [47] is GRANTED.

IT IS FURTHER ORDERED that default judgment is entered against Defendant Payton in the amount of $150, 000.

SO ORDERED.


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