Mullally v. Standard Insurance Company

Filing 26

ORDER Granting Standard Insurance Company's 25 Motion to Determine Damages for Default Judgment on Counterclaims. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
BRIAN A. MULLALLY, M.D.,
Plaintiff,

Case No. 14-cv-14433
Hon. Matthew F. Leitman

v.
STANDARD INSURANCE COMPANY,
Defendant.
__________________________________________________________________/
ORDER GRANTING STANDARD INSURANCE COMPANY’S MOTION
TO DETERMINE DAMAGES FOR DEFAULT JUDGMENT ON
COUNTERCLAIMS (ECF # 25)
By order entered November 17, 2015, this Court granted Counter-Plaintiff
Standard Insurance Company’s (“Standard”) Motion for Default Judgment on its
Counterclaim against Plaintiff Brian A. Mullally, M.D. (ECF #24.) In that order,
the Court ruled that Standard was entitled to a default judgment on liability only.
(Id.) Standard has now moved for a determination of the damages to be awarded
in the default judgment (the “Damages Motion”). (ECF #25.)
Standard seeks an award of $133,103.29, plus costs. (Id.) Standard has
supported its motion with an affidavit from Linda Lowe, a Senior Disability Claim
Specialist at Standard. (ECF # 25-1.) Ms. Lowe’s affidavit sets forth the basis of
Standard’s damages claim. Her calculations are supported by documents attached
to her affidavit.

Dr. Mullally has not responded to the Damages Motion.
The Court has reviewed Ms. Lowe’s affidavit and finds her unopposed
calculation of damages to be sufficient to establish Standard’s right to the damages
it seeks.
Accordingly, IT IS HEREBY ORDERED that the Damages Motion is
GRANTED and that Standard is entitled to entry of a default judgment on its
counterclaim in the amount of $133,103.29, plus costs.
IT IS FURTHER ORDERED that Standard shall submit a proposed final
default judgment on its counterclaims.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: February 3, 2016

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on November 13, 2015, by electronic means
and/or ordinary mail.
s/Holly Monda
Case Manager
[phone]