Hoff v. Mitchell Industrial Contractors Inc
MEMORANDUM OPINION AND ORDER Defendant MITCHELL INDUSTRIAL CONTRACTORS, INC. is liable to Plaintiff CHRISTIANA HOFF in the amount of $100,082.00, to include $35,082.00 in back pay, $15,000 in compensatory damages and $50,000.00 in punitive damages. A final judgment will be entered contemporaneously with this memorandum and order. Signed by Judge Liles C Burke on 10/9/2019. (AHI)
2019 Oct-09 PM 04:20
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
CASE No.: 5:17-cv-00188-LCB
MEMORANDUM AND ORDER
This Court previously granted default judgment against defendant Mitchell
Industrial Contractors, Inc. in favor of plaintiff on April 15, 2019, for its failure to
defend itself in this matter. (Doc. 41). Plaintiff demanded a trial by jury in her
initial complaint. (Doc. 1). Subsequently, plaintiff moved for a default judgment
against the defendant and requested that damages be determined by this Court,
thereby withdrawing her demand for a jury trial on damages pursuant to Rule 38 of
the Federal Rules of Civil Procedure.1 (Docs. 40 & 40-1).
This Court held a hearing on June 10, 2019, to determine plaintiff’s
Whereas plaintiff provided testimony and evidence at the hearing
showing her actual damages, including backpay, emotional distress, and details
Although, Rule 38(d), Fed. R. Civ. P., provides that both parties must consent to a withdraw of jury demand, the
Court finds that the Defendant by failing to defend and appear in this matter has effectively waived its right to object
to plaintiff’s withdraw of her jury demand.
regarding the conduct of the Defendant.
Having reviewed plaintiff’s testimony and evidence presented in open court,
IT IS HEREBY ORDERED as follows:
Defendant MITCHELL INDUSTRIAL CONTRACTORS, INC. is liable
to Plaintiff CHRISTIANA HOFF in the amount of $100,082.00, to include
$35,082.00 in back pay, $15,000 in compensatory damages and $50,000.00 in
punitive damages. A final judgment will be entered contemporaneously with this
memorandum and order.
DONE and ORDERED this October 9, 2019.
LILES C. BURKE
UNITED STATES DISTRICT JUDGE
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