Bauerlein, et al v. Equity Residtl Corp, et al

Filing 299

ORDER - IT IS HEREBY ORDERED DENYING Plaintiff's 293 Motion/Application for Damages against Co-Defendant Jumbo Surplus Corporation. FURTHER ORDERED that the Court will hold an evidentiary hearing on 10/9/08 at 1:30 p.m. to determine the proper amount of damages owed to Plaintiffs by Co-Defendant Jumbo Surplus Corporation, Ltd. Signed by Judge Stephen M McNamee on 9/25/08.(SAT) Modified on 10/17/2008 (SAT). DOCKET TEXT MODIFIED TO INCLUDE RULING (DENYING) ON MOTION.

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WO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

9 MICHAEL C. BAUERLEIN, surviving) natural father of BROOKE LYNNE) 10 B A U E R L E I N , d e c e a s e d m i n o r ,) individually and on behalf of all wrongful) 11 death beneficiaries, including SHANNON) BAUERLEIN, surviving mother of) 12 B R O O K E LYNNE BAUERLEIN,) deceased minor; and PATRICIA JOELLE) 13 BAUERLEIN, through MICHAEL C.) BAUERLEIN, her natural parent and next) ) 14 friend, ) ) Plaintiff, 15 ) ) 16 vs. ) 17 EQUITY RESIDENTIAL PROPERTIES) MANAGEMENT CORPORATION, an) 18 I l l i n o i s Corporation d/b/a/ LA) MARIPOSA; LOTUS & WINDOWARE,) 19 INC., a California Corporation; JUMBO) SURPLUS CORPORATION, a Taiwanese) 20 Corporation; JOHN and JANE DOES I-X;) and BLACK and W H I T E) 21 CORPORATIONS/PARTNERSHIPS I-X,) ) ) Defendants. 22 ) ) 23 24

CV-04-1904-PHX-SMM ORDER

Pending before the Court is Plaintiffs' (both Michael and Joelle, as well as Joinder by

25 mother Shannon) Application for Damages against Co-Defendant Jumbo Surplus Corporation, 26 Ltd. ("Jumbo Surplus") (Dkt. 293) filed pursuant to Rule 55 of the Federal Rules of Civil 27 Procedure and the Local Rules of this Court.

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Upon entry of default, a district court may enter default judgment under certain circumstances, except against an infant or incompetent unless represented by a general guardian, committee, conservator, or other individual who has appeared before the Court. FED. R. CIV. P. 55(b)(2). On June 6, 2008, the Court granted default judgment against CoDefendant Jumbo Surplus. (Dkt. 290). The default established Jumbo Surplus' liability to Plaintiff. In their application to the Court, Plaintiffs seek damages in the amount of three million dollars ($3,000,000) exclusive of any setoffs and/or credits against defendant Jumbo Surplus and for such other and further relief this Court deems just and equitable. (Dkt. 293 at ¶ 2). In their affidavits, Plaintiffs allege that this amount is necessary to compensate for emotional, funeral and death, and business-related damages associated with the death of the victim. However, because the Court does not find the damages amount to be easily ascertainable from the Plaintiff's Application, an evidentiary hearing is necessary to determine the specific amount of damages owed by Jumbo Surplus. Plaintiffs shall provide the Court with calculable amounts for counseling, funeral, business losses, and other damages incurred as a result of the victim's death. Accordingly, IT IS HEREBY ORDERED DENYING Plaintiffs' Application for Damages against Co-Defendant Jumbo Surplus Corporation, Ltd. (Doc. 293.) IT IS FURTHER ORDERED that the Court will hold an evidentiary hearing on October 9, 2008 at 1:30 p.m. to determine the proper amount of damages owed to Plaintiffs by Co-Defendant Jumbo Surplus Corporation, Ltd. DATED this 25th day of September, 2008.

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