H.W. et al v Eastern Sierra Unified School District, et al

Filing 52

ORDER signed by Judge Garland E. Burrell, Jr on 5/21/12 ORDERING that the 2/16/2012 Findings and Recommendations are ADOPTED IN PART. Each plaintiff's motion for default judgment against defendant Cody Carlisle is GRANTED. Judgment is rendered to Plaintiff H.W. in care of her Guardian, if H.W. has not attained majority status when payment is made, and to H.W. directly if she has attained majority status, in the total amount of $632,743.67 damages, and $2,459.31 in costs. Counsel shall recover $210,703.64 out of full recovery of the above damages from Carlisle when paid to H.W. The attorneys fee amount shall be offset by any award granted under 42 U.S.C. § 1988. Judgment is rendered to Plaintiff M.K. in care of her Guardian, if M.K. has not attained majority status when payment is made, and to M.K. directly if she has attained majority status, in the amount of $660,000.00 damages and $2,459.31 in costs. Counsel shall recover $219,780.00 out of full recovery of the above damages from Carlisle when paid to M.K. The attorneys' fee amount shall be offset by any award granted under 42 U.S.C. § 1988.(Kastilahn, A)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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H.W., a minor, by and through
Guardian ad Litem HEIDI NELSON;
and M.K., a minor, by and
through Guardian ad Litem ROBERT
KOELLING,
Plaintiffs,

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v.

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CODY CARLISLE,

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Defendant*.
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2:11-cv-00531-GEB-GGH
ORDER

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Plaintiffs’ motion for entry of default judgment was referred

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to a United States Magistrate Judge pursuant to Local Rule 302(c)(19)

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and 28 U.S.C. § 636(b)(1). On February 16, 2012, the Magistrate Judge

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filed findings and recommendations, which contained notice that any

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objections to the findings and recommendations were to be filed within

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fourteen days. No objections were filed.
The

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court

finds

the

findings

and

recommendations

to

be

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supported by the record and by proper analysis except as to the amount

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of general damages awarded to each plaintiff, and consequently, the

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amount of attorneys’ fees counsel may recover from each plaintiff’s

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damages award (1/3 of each plaintiff’s damages award). The record does

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not

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support

an

award

of

$1,000,000

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in

non-economic

damages

per

The caption has been amended in accordance with the January
19, 2012 Order dismissing Defendants Eastern Sierra Unified School
District, Jason Reed, and Don Clark. See ECF No. 34.
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plaintiff. Although the verdict search results submitted by Plaintiffs

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include verdicts which awarded general damages exceeding $1,000,000,

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those cases involved a different degree of misconduct than that alleged

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in this action. The results which involved conduct most similar to the

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alleged conduct in this case awarded $450,000.00 - $750,000.00 in

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general damages per plaintiff.2 Therefore, based on the record and

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considering each plaintiff’s injuries, five hundred thousand dollars

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($500,000.00) per plaintiff is sufficient compensation for the emotional

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injury suffered as a result of Defendant’s conduct. The amount of

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attorneys’ fees recoverable is reduced accordingly.

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Therefore, IT IS ORDERED that:

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1.

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ADOPTED IN PART;

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The February 16, 2012 Findings and Recommendations are

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Each plaintiff’s motion for default judgment against

defendant Cody Carlisle is GRANTED;

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3.

Judgment is rendered to Plaintiff H.W. in care of her

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Guardian, if H.W. has not attained majority status when payment is made,

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and to H.W. directly if she has attained majority status, in the total

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amount of $632,743.67 damages, and $2,459.31 in costs. Counsel shall

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recover $210,703.64 out of full recovery of the above damages from

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Carlisle when paid to H.W.

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any award granted under 42 U.S.C. § 1988.

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4.

The attorneys’ fee amount shall be offset by

Judgment is rendered to Plaintiff M.K. in care of her

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Guardian, if M.K. has not attained majority status when payment is made,

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and to M.K. directly if she has attained majority status, in the amount

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The verdict search results which awarded $750,000 per
plaintiff were settlements, rather than verdicts, which may include
damages in addition to non-economic damages.
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of $660,000.00 damages and $2,459.31 in costs. Counsel shall recover

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$219,780.00 out of full recovery of the above damages from Carlisle when

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paid to M.K. The attorneys’ fee amount shall be offset by any award

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granted under 42 U.S.C. § 1988.

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Dated:

May 21, 2012

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GARLAND E. BURRELL, JR.
United States District Judge

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