Broadbent et al v. Americans For Affordable Healthcare Inc et al

Filing 261

RECOMMITAL ORDER. Signed by Chief Judge Susan J. Dlott. (wam1)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

Bailey Broadbent, et al.,

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Plaintiff(s),
vs.
Americans for Affordable Healthcare,
Inc., et al.,
Defendant(s).

Case Number: 1:10cv943
Chief Judge Susan J. Dlott

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RECOMMITTAL ORDER
This matter is before the Court pursuant to the Order of General Reference in the United
States District Court for the Southern District of Ohio Western Division to United States
Magistrate Judge Stephanie K. Bowman. Pursuant to such reference, the Magistrate Judge filed
with this Court on March 27, 2012 a Report and Recommendation (Doc. 214) regarding
Plaintiffs’ Motion for Default Judgment (Doc. 199).
With that Report and Recommendation, Magistrate Judge Bowman recommends that:
(1) Plaintiffs’ motion for default judgment (Doc. 199) should be GRANTED, in
part; and
(2) Default judgment should be entered in favor of Plaintiffs, jointly and
severally, against Defendants Americans for Affordable Healthcare, Inc.;
Benetrust Corp.; Craig Cooke; Donald Densmore; IRG Brokerages, LLC; Gary L.
Karns; Karns, Inc.; Steven K. McLaughlin; National Alliance of Consumers and
Healthcare Professionals; National Association of Consumers Direct; Nuera
Direct, Inc; Nuera Meds, Inc.; William Prouty; RX Card Services, Inc. and Robert
Stehlin for a total of $1,614,325.00, as outlined above, plus prejudgment and
postjudgment interest.
(Doc. 214 at 7.)
This Court has reviewed the Report and Recommendation and related pleadings, noting
in particular that although Plaintiffs supported their Motion for Default Judgment with a number

of affidavits and supporting documentation, no hearing was held to address the issue of damages.
As the requested damages in this case are substantial, the Court believes it most prudent to return
this case to Magistrate Judge Bowman with instructions to conduct an evidentiary hearing on the
matter of damages and to consider any timely filed objections to Plaintiff’s Motion for Default
Judgment or any documents filed in support of that motion.
IT IS SO ORDERED.

___s/Susan J. Dlott___________
Chief Judge Susan J. Dlott
United States District Court