HOOPER v. MOSIER et al

Filing 91

ENTRY GRANTING PLAINTIFF'S MOTION TO AMEND JUDGMENT - The Court, having considered Plaintiff's Motion to Amend Judgment (Filing No. 77 ), and the Court, being duly advised, now finds that the Motion should be and hereby is GRANTED. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Entry Following Damages Hearing (Filing No. 73 ) is hereby amended to include actual damages in the amount of $20,000.00 for Plaintiff's Conversion claim, which is trebled to the amount of $60,000.00 pursuant to Indiana Code § 34-24-3-1. Plaintiff's actual, total damages--$20,000.00 for the Conversion claim and $40,900.00 from the initial damages award--are doubled pursuant to Plaintiff's Indiana Senior Consumer Protection Act claim under Indiana Code § 24-4.6-6-5(c)(1). Defendants are liable to Plaintiff in the amount of $40,900.00 from the initial damages award, $60,000.00 for the Conversion claim, $60,900.00 for statutory double damages and a $5,000.00 civil penalty for the Senior Consumer Protection Act claim, and $43,645.32 for attorneys' fees. Accordingly, Defendants' total liability to Plaintiff is $210,445.32. An amended final judgment will issue under separate order. Copies mailed pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/12/2018. (NAD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
JACK HOOPER,
Plaintiff,
v.
KEN MOSIER and THE FINER
DETAILS LLC,
Defendants.

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No. 1:16-cv-01385-TWP-DML

ENTRY GRANTING PLAINTIFF’S MOTION TO AMEND JUDGMENT
The Court, having considered Plaintiff’s Motion to Amend Judgment (Filing No. 77), and
the Court, being duly advised, now finds that the Motion should be and hereby is GRANTED.
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Entry Following
Damages Hearing (Filing No. 73) is hereby amended to include actual damages in the amount of
$20,000.00 for Plaintiff’s Conversion claim, which is trebled to the amount of $60,000.00 pursuant
to Indiana Code § 34-24-3-1. Plaintiff’s actual, total damages—$20,000.00 for the Conversion
claim and $40,900.00 from the initial damages award—are doubled pursuant to Plaintiff’s Indiana
Senior Consumer Protection Act claim under Indiana Code § 24-4.6-6-5(c)(1). Defendants are
liable to Plaintiff in the amount of $40,900.00 from the initial damages award, $60,000.00 for the
Conversion claim, $60,900.00 for statutory double damages and a $5,000.00 civil penalty for the
Senior Consumer Protection Act claim, and $43,645.32 for attorneys’ fees. Accordingly,
Defendants’ total liability to Plaintiff is $210,445.32. An amended final judgment will issue under
separate order.
SO ORDERED.

Date:

4/12/2018

Distribution:
KEN MOSIER
2001 E. Main St.
Danville, IN 46122
THE FINER DETAILS LLC
2001 E. Main St.
Danville, IN 46122
Annavieve C. Conklin
DELANEY & DELANEY LLC
[e-mail]
Kathleen Ann DeLaney
DELANEY & DELANEY LLC
[e-mail]

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