THOMPSON et al v. WYRKS TOOL & MACHINE LTD. et al

Filing 56

ORDER granting 55 Plaintiffs' Motion for a damages hearing on default judgment. The damages hearing will proceed before the undersigned, commencing at 10:00 a.m. on 9/27/10. After the hearing, the undersigned will issue a report and recommendation regarding damages for the District Court's consideration. See Order filed herewith for additional details. Signed by Judge Cathy Bissoon on 8/17/10. (dcd)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LOUIS D. THOMPSON, et al., Plaintiffs, v. WYRKS TOOL & MACHINE LTD., et al., Defendants. ) ) ) ) ) ) ) ) ) )

Civil Action No. 09-581 Judge McVerry Magistrate Judge Bissoon

ORDER Plaintiffs' Motion (Doc. 55) for a damages hearing on default judgment is GRANTED. Given that this case has been referred to a magistrate judge under Local Rule 72.G,1 the damages hearing will proceed before the undersigned, in Courtroom No. 9A, Ninth Floor, United States Post Office and Courthouse, Seventh Avenue and Grant Street, Pittsburgh, Pennsylvania, commencing at 10:00 a.m. on September 27, 2010. After the hearing, the undersigned will issue a report and recommendation regarding damages for the District Court's consideration.2

Compare Doc. 5 (Plaintiffs' selection of District Judge option) with LCvR. 72.G ("[i]f a party elects to have the case assigned to a District Judge, the Magistrate Judge shall continue to manage the case by deciding non-dispositive motions and submitting reports and recommendations on dispositive motions, unless otherwise directed by the District Judge"). 2 The undersigned may conduct the damages hearing under 28 U.S.C. § 636 and Local Rule 72.D.1.c. See Callier v. Gray, 167 F.3d 977, 982-83 (6th Cir. 1999) (magistrate judge may preside over default judgment damages hearing, and issue report and recommendation, pursuant to 28 U.S.C. § 636(b)); LCvR. 72.D.1.c (endorsing report and recommendation procedures "for review of default judgments"). Notably, moreover, Plaintiffs have declined the District Court's invitation to demonstrate their entitlement to a jury determination on damages. Compare Order dated July 26, 2010 (Doc. 54) at 3 with Pls.' Mot. for Hearing.
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Finally, Plaintiffs' request that Louis D. Thompson and Heidi L. Thompson be permitted to testify at the hearing via telephone (see Pls.' Mot. at ¶ 7) is DENIED. Rather, the testimony of witnesses must be presented in person, or, alternatively, by video deposition. IT IS SO ORDERED.

August 17, 2010

s/Cathy Bissoon Cathy Bissoon United States Magistrate Judge

cc (via ECF email notification): All Counsel of Record cc (via First Class U.S. Mail): Wyrks Tool & Machine Ltd. c/o Mr. Scott Wybrow 185 Turnbull Court Cambridge, Ontario, CANADA N1T 1C6 Kitcam, Inc and Kitcam Investments, Inc. c/o Mr. Donald Young 185 Turnbull Court Cambridge, Ontario, CANADA N1T 1C6

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