HENDERSON v. ATLANTIC PELAGIC SEAFOOD LLC et al

Filing 65

AMENDED ORDER AFFIRMING RECOMMENDED DECISION OF THE MAGISTRATE JUDGE re 64 Amended Report and Recommendations re 14 Motion for Default Judgment. - By JUDGE D. BROCK HORNBY. (mnw)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
MARK HENDERSON,
PLAINTIFF
v.
ATLANTIC PELAGIC SEAFOOD,
INC.,
DEFENDANT

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CIVIL NO. 10-68-P-H

AMENDED ORDER AFFIRMING RECOMMENDED
DECISION OF THE MAGISTRATE JUDGE

On March 28, 2011, the United States Magistrate Judge filed with the
court, with copies to counsel, his Recommended Findings of Fact and
Conclusions of Law on Motion for Default Judgment. The time within which to
file objections expired on April 14, 2011, and no objections have been filed. On
April 22, 2011, the Magistrate Judge filed an Amendment to his Recommended
Findings consisting of four corrections of the date February 11, 2010, changing
it to February 11, 2011. The Magistrate Judge notified the parties that failure
to object would waive their right to de novo review and appeal. I have reviewed
and considered the Recommended Decision, together with the entire record; I
have made a de novo determination of all matters adjudicated by the
Recommended Decision; and I concur with the recommendations of the United
States Magistrate Judge for the reasons set forth in the Recommended
Decision, and determine that no further proceeding is necessary.

It is therefore ORDERED that the plaintiff’s motion for default judgment is
GRANTED. Judgment is entered in favor of the plaintiff Mark Henderson against
the defendant Atlantic Pelagic Seafood, LLC on Counts I, II and III of the
Complaint. Damages are awarded to the plaintiff Mark Henderson as follows:
Four Hundred Thousand Dollars ($400,000) on Count I for pain, suffering and
emotional anguish, Seven Thousand Six Hundred Seventy Dollars and
Nineteen Cents ($7,670.19) on Count III for unpaid cure, and Seven Thousand
Nine Hundred Dollars ($7,900) on Count III for maintenance for the period
from April 1, 2010, through February 11, 2011, for a total award of Four
Hundred Fifteen Thousand Five Hundred Seventy Dollars and Nineteen Cents
($415,570.19).

No damages are awarded on Count II which seeks damages

duplicative of those sought in Count I.
SO ORDERED.
DATED THIS 22ND DAY OF APRIL, 2011
/s/D. Brock Hornby
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE

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