Mattress Discounters Group LLC v. Maximum Investment LLC et al

Filing 17

ORDER: Plaintiff shall file further memorandum in support of damages on or before May 25. Defendants shall have fourteen (14) days from the date plaintiff files the memorandum and documentation to respond. The court will thereafter revisit the pending motions. Signed Ordered by Magistrate Judge Landya B. McCafferty. (cmp)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Mattress Discounters Group, LLC
v.

Civil No. 10-cv-431-JL

Maximum Investment LLC, et al.

O R D E R
On today's date, a hearing was held on plaintiff's motions
for default judgment (doc. no. 14) and for issuance of a
permanent injunction (doc. no. 15).

Scott Daniels and Tracy

Uhrin appeared for plaintiff, Mattress Discounters Group, LLC.
The court ordered plaintiff to file a supplemental
memorandum addressing the following:
(1) Plaintiff's damages claim.

Plaintiff seeks treble

damages under N.H. Rev. Stat. Ann. ("RSA") § 358-A:10.
Plaintiff's memorandum shall address whether a bare allegation
of a "willful or knowing" violation of RSA 358-A, as contained
in plaintiff's complaint, is sufficient for the court to make a
finding under the damages multiplier provision of RSA 358-A:10.
(2) Attorney's Fees.
RSA 358-A:10.

Plaintiff seeks attorney's fees under

Plaintiff shall file documentation sufficient to

enable the court to rule on the request.

See DeJesús Nazario v.

Morris Rodriquez, 554 F.3d 196, 207 (1st Cir. 2009) ("Normally,
a district court begins with a lodestar analysis . . . ."); In
re Globe Distribs., Inc., 145 B.R. 728, 733 (Bankr. D.N.H. 1992)
(applying "lodestar analysis" to calculate fee award under RSA
358-A).
Plaintiff shall file the aforementioned memorandum and
documentation on or before May 25, 2011.

Defendants shall have

fourteen (14) days from the date plaintiff files the memorandum
and documentation to respond.

The court will thereafter revisit

the pending motions.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
April 25, 2011
cc:

Scott A. Daniels, Esq.

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