ARAYOS LLC v. ELLIS et al

Filing 81

PROCEDURAL ORDER REQUESTING FURTHER CLARIFICATION REGARDING PLAINTIFF'S PROPOSED JUDGMENT - Set Deadlines: Clarification due by 10/28/2015. By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
ARAYOS, LLC,
PLAINTIFF
V.

JIMMIE ELLIS,

ET AL.,

DEFENDANTS

)
)
)
)
)
)
)
)

CIVIL NO. 1:14-CV-60-DBH

PROCEDURAL ORDER REQUESTING FURTHER CLARIFICATION
REGARDING PLAINTIFF’S PROPOSED JUDGMENT
On October 8, 2015, I held a damages hearing on the plaintiff’s motion for
default judgment (ECF No. 66). At the hearing, the plaintiff offered exhibits and
elicited testimony from Scott Liberty, the plaintiff’s president and owner. On
October 16, 2015, the plaintiff filed a supplemental post-hearing brief and
proposed final judgment requesting damages and an injunction on claims in the
plaintiff’s First Amended Complaint. See ECF Nos. 29, 63, 67, 78.
After reviewing the plaintiff’s calculations in its supplemental brief and
proposed judgment, I request clarification of the following:
Paragraph 6 of the plaintiff’s compensatory damages calculation refers to
misappropriation of Arayos’s operating funds for payment of lodging and training
of DJs from the South in the amount of $10,000. Pl.’s Suppl. Post Hr’g Br. (ECF
No. 78.) This figure is supported by the affidavits of Scott Liberty, Allison Stone,
and Brittany Levasseur. Hr’g Exs. 8, 9, 10. The affidavits, however, do not
provide enough information on how the plaintiff arrived at the $10,000 figure.
They seem to provide the DJs’ pay rate per shift, but not the number of shifts.

They do seem to provide sufficient information to calculate the rent paid by
Arayos for each DJ, but that is no more than $3,200.
It is therefore ORDERED that the plaintiff file a clarification to its
supplemental post-hearing brief by October 28, 2015, to explain the $10,000
figure.
SO ORDERED.
DATED THIS 20TH DAY OF OCTOBER, 2015
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

2