Farmer et al v. Nicholson et al

Filing 22

JUDGMENT. Signed on 10/15/14 by District Judge Nanette K. Laughrey. (Matthes, Renea) Copy of Judgment mailed to Billy and Jessica Nicholson, 1480 Pleasant Grove Road, Villa Rica, GA 30180 on 10/15/2014 (Martin, Jan).

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MISSOURI
CENTRAL DIVISION
DARON FARMER and
TEXAS PROFESSIONAL EXTERIORS, LLC
d/b/a D&S ROOFING, LLC.,
Plaintiffs,
v.
BILLY NICHOLSON d/b/a
D AND S ROOFING AND CONSTRUCTION
and PBI EXTERIORS, et al.,
Defendants.

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) Case No. 14CV-04160-NKL
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JUDGMENT
Plaintiffs filed their Complaint against the above-named Defendants on June 24,
2014. Billy Nicholson d/b/a PBI Exteriors was served on July 2, 2014. The summons
was left at his residence with Jessica Noelle Sizemore Nicholson and was mailed to his
last known address. [Doc. 12]. Jessica Noelle Sizemore Nicholson d/b/a Southern Charm
Spray Tan was served on July 2, 2014. The summons was personally served on her at her
home. [Doc. 13]. Defendants did not timely file a responsive pleading to Plaintiffs’
Complaint, and on August 7, 2014, Plaintiffs filed a Motion for Default Judgment against
Defendants for failure to file an Answer. [Doc. 15]. On August 29, 2014, the Court
granted the Motion for Default Judgment, [Doc. 17], and an evidentiary hearing was
scheduled for September 25, 2014, for the purpose of determining monetary damages.
[Docs. 17, 19]. Notice of the hearing was sent to Defendants via first class mail at the
address they were served.

The evidentiary hearing was held on September 25, 2014. Plaintiffs appeared by
their attorney, Gwen Froeschner Hart. Defendants did not appear. Plaintiffs presented
evidence through the testimony of Plaintiff Daron Farmer.
The Court, having considered the evidence, enters judgment in favor of Plaintiffs
Daron Farmer and Texas Professional Exteriors, LLC, d/b/a D & S Roofing, LLC, and
against Defendants Billy Nicholson d/b/a PBI Exteriors and Jessica Noelle Sizemore
Nicholson d/b/a Southern Charm Spray Tan, jointly and severally, in the amount of
$50,000.00 for actual damages, and in the amount of $250,000.00 for exemplary and
punitive damages for willful and malicious actions against Plaintiffs. Each Party shall
bear his/her/its own attorneys fees and costs. Costs to be taxed against Defendants.
IT IS SO ORDERED.

s/ Nanette K. Laughrey
NANETTE K. LAUGHREY
United States District Judge
Dated: October 15, 2014
Jefferson City, Missouri