Matt, et al., v. Deshaw

Filing 18

ORDER that Plaintiffs are entitled to damages pursuant to ECF Nos 16 Order on Motion for Default Judgment and 17 Memorandum as follows: (1)$12,000 to Clyde Matt; (2) $12,000 to Donald Parker; (3) $11,665 to Phillip Henkle; and (4) $11,967 to Estrella Carino. Signed by Judge Miranda M. Du on 2/12/2018. (Copies have been distributed pursuant to the NEF - KW)

1
2
3
4
UNITED STATES DISTRICT COURT

5

DISTRICT OF NEVADA

6

***

7

CLYDE MATT, an Individual; DONALD
8 PARKER, an Individual; PHILLIP HENKLE,
an Individual; ESTRELLA CARINO, an
9 Individual,
10
11
12
13

Case No. 2:15-cv-00982-MMD-VCF
ORDER

Plaintiffs,
v.
DARYL DESHAW, an individual,
Defendant.
-and-

14 IMT GROUP, LLC, a Nevada limited liability
company,
15
Nominal Defendant.
16
17
18

The Court granted Plaintiff’s motion for default judgment (“Motion”). (ECF No. 16.)

19

However, the Court deferred a ruling on damages because Plaintiff did not offer any

20

evidence to support their request for damages in the amount of $12,000 on behalf of each

21

Plaintiff for a total of $48,000. (Id. at 2.) Accordingly, the Court directed Plaintiffs to “file a

22

supplemental affidavit from each Plaintiff that identifies the amount of damage requested

23

and the evidence supporting that request.” (Id. at 3.) Plaintiffs complied (ECF No. 17), but

24

the affidavit of Plaintiff Donald Parker seeks $21,165.00, which significantly exceeds the

25

$12,000.00 requested in the Motion (id. at 6).1 The Court will not grant damages in excess

26

of the amount identified in the Motion.

27
28

1Plaintiff

Clyde Matt asks for $12,015.00. (ECF No. 17 at 5.)

1

It is therefore ordered that Plaintiffs are entitled to damages as follows: (1)

2

$12,000.00 to Clyde Matt; (2) $12,000.00 to Donald Parker; (3) $11,665.00 to Phillip

3

Henkle; and (4) $11,967.00 to Estrella Carino.

4
5

DATED THIS 12th day of February 2018.

6
7

MIRANDA M. DU
UNITED STATES DISTRICT JUDGE

8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2