ROSECRANS et al v. AIRAMEDIC LLC

Filing 18

ORDER ON NOTICE OF DAMAGES HEARING By JUDGE JOHN A. WOODCOCK, JR. (sfw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
SHARON ROSECRANS, et al.,
Plaintiffs,
v.
AIRAMEDIC, LLC,
Defendant.

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1:16-cv-00452-JAW

ORDER ON NOTICE OF DAMAGES HEARING
On September 6, 2016, Sharon Rosecrans and Lisa Weeks filed a complaint
against Airamedic, LLC (Airamedic), claiming that Airamedic was using their images
for commercial purposes, that Airamedic failed to obtain their authority to do so, and
that Airamedic failed to respond to their demand that it stop doing so. Compl. (ECF
No. 1).

The Plaintiffs demanded damages “sufficiently large to compensate for

damages they have suffered as a result of Defendant’s conduct including, but not
limited to, damages for general and non-economic damages, economic damages, prejudgment and post judg[]ment interest, lost wages, punitive damages, costs of this
suit, including reasonable attorney fees and costs, injunctive relief, and such further
relief the Court may deem proper.” Id. at 3-4.
The Plaintiffs duly served a copy of the Complaint and Summons on Airamedic
on September 17, 2016. Affidavit of Serv. (ECF No. 4). On October 17, 2016, after
Airamedic failed to respond to the lawsuit, the Plaintiffs filed a motion for default
judgment against it, and on October 24, 2016, the Plaintiffs filed a motion for entry

of default against Airamedic. Pls.’ Mot. for Default J. (ECF No. 5); Pls.’ Mot. for Entry
of Default (ECF No. 6). On October 24, 2016, the Clerk entered default against
Airamedic. Order Granting Mot. for Entry of Default (ECF No. 7).
On December 28, 2016, the Court set a damages hearing for January 20, 2017
at the United States District Court in the Margaret Chase Smith Federal Building in
Bangor, Maine at 11:00 a.m. Order Setting Damages Hr’g at 3 (ECF No. 12). In that
Order, the Court issued the following specific directives:
(1) The Plaintiffs must give immediate notice to Airamedic of the date,
time and place of the damages hearing to allow Airamedic to appear
at the hearing and defend the damages portion of the case; and
(2) The Plaintiffs must be prepared to introduce proof at the damages
hearing that they have provided notice to Airamedic of the date, time
and place of the damages hearing.
Id. at 3-4. The Court specified that if the Plaintiffs “fail to demonstrate that they
have given adequate notice of the scheduled damages hearing, their Complaint
against Airamedic will be subject to dismissal for lack of prosecution.” Id. at 4. The
parties appeared with counsel on January 20, 2017 at 11:00 a.m. as directed, but
counsel for the Plaintiffs neglected to comply with the Court order and failed to give
Airamedic notice of the date, time and place of the damages hearing in accordance
with the December 28, 2016 order.
Rather than unduly inconvenience the parties, one of whom traveled from Fort
Fairfield, Maine and the other of whom took time off from her doctoral classwork to

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attend the scheduled hearing, the Court altered its December 28, 2016 order to
require that counsel give post-hearing notice to Airamedic.
The Court hereby AMENDS its December 28, 2016 order as follows:
In place of the pre-hearing notice in the December 28, 2016 order, the Court
hereby ORDERS that counsel for the Plaintiffs must send notice to Airamedic by
certified mail, return receipt requested, that the Court held a damages hearing on
January 20, 2017 at 11:00 a.m. against Airamedic and if Airamedic wishes to appear
and in any way contest the Plaintiffs’ claims for damages, Airamedic must notify the
Court and Plaintiffs’ counsel within fourteen days of the date of receipt of the notice
that Airamedic wishes to do so. Counsel for the Plaintiffs must file a copy of the
notice to Airamedic together with both a copy of the certified mail receipt and a copy
of the return receipt with the Court. If Airamedic fails to respond to the post-hearing
notice within fourteen days of its receipt of the notice, the Court will issue a final
judgment against Airamedic without further notice to Airamedic.
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 20th day of January, 2017

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