Tolman v. Air Serv Corporation

Filing 5

ORDER Denying Plaintiff's Motion for Default Judgment, signed by Denver County District Court Judge, Ann B. Frick, on 10/14/11. (lyg, )

DENIED

Movant shall serve copies of this ORDER on
any pro se parties, pursuant to CRCP 5, and
file a certificate of service with the Court
within 10 days.

Dated: Oct 14, 2011

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Ann B. Frick
District Court Judge
DATE OF ORDER JNDICATED ON ATTACHMENT

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DISTRICT COURT, DENVER COUNTY, COLORADO
Court Address:
1437 Bannock Street
Denver, Colorado 80202

ODenver(ou ntv District Court 2nd ,J l)
fling Date: Oct 142011 11:12AM Ml
hlang 11): 40362l
Review Clerk: Ashley Landis

Plaintiff: MALI TOLMAN,
v.
Defendant: AIR SERV CORPORATION.
‘

Court Use Only

Case No.: 201 1-cv-5920
Division: 269

ORDER GRANTING PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT

THIS COURT having reviewed Plaintiffs Motion for Default Judgment, and having been
fully advised in the premises, makes the following findings and conclusions:
I.
Defendant was served with the Summons and Complaint on August 29, 2011, and
is in default for failing to answer or respond.
2.

Venue has been considered and is proper in Denver County.

Defendant is not an infant, an incompetent person, an officer or agency of the
3.
State of Colorado, or in the military service.
4.
Defendant has caused Plaintiff damages in the amount of $216,958.54, including
back pay, front pay, and compensatory damages.
5.
Plaintiff is entitled to an award of liquidated damages in the amount of
$101,540.94, equal to the monetary damages awarded under the Family and Medical Leave Act.
29 U.S.C. § 2617(a)(1)(A)(iii).
6.
Plaintiff is entitled to recover attorney fees of $4981.50, the sum of which is
reasonable, pursuant to 42 U.S.C. § 2000e-5(k), 29 U.S.C. § 2617(a)(3), and 42 U.S.C. §
1988(b).

EXHIBIT
3

J

7.

Plaintiff has incurred costs of $432.54.

IT IS HEREBY ORDERED that default judgment shall enter in favor of Plaintiff Mali
Tolman, and against Defendant Air Serv Corporation, for economic and compensatory damages
of $216,958.54, liquidated damages of $101,540.94, attorney fees of $4981.50, and costs of
$432.54, for a total judgment of $323,913.52. Plaintiff is entitled to the foregoing Judgment as
well as statutory post-judgment interest from the date of this Order until the Judgment is
satisfied.
DATED this

day of October, 2011.
BY THE COURT:

District Court Judge

This document constitutes a ruling of the court and should be treated as such.
Court Authorizer
Comments:
Motion for Default Judgment is DENIED.
Plaintiff’s Motion for Entry of Judgment by Default is DEFECTIVE for failure to comply with C.R.C.P. 121 § I
14(d), which requires an affidavit “establishing the amount of damages and interest, if any for which judgment is
being sought.”

-

Pursuant to C.R.S.

§ 12-55-1 12, a notary must affix her stamp or seal.

The Client Affidavit at Ex. 5, contains a notary’s signature, but does not contain such notary’s stamp or seal.
Plaintiff is granted leave to file an amended motion for default judgment consistent with this order on or before
Nov. 2,2011.