Farley v. Daniels et al (TV2)

Filing 26

ORDER that the Court ACCEPTS IN WHOLE the R&R 25 . The Court GRANTS plaintiffs Motion for Default Judgment 17 and ORDERS that a default judgment against Stanley Jason Daniels in the amount of $125,000.00 be entered in this c ase. Additionally, the Court GRANTS plaintiffs Motion for Costs and Application for an Award of Attorney Fees 21 and ORDERS that plaintiff beAWARDED attorneys fees and costs in the amount of $8,960.00. The Clerk of Court is DIRECTED to mail a copy of this Order to Mr. Daniels at his last known address and CLOSE this case. Signed by Chief District Judge Thomas A Varlan on 1/12/15. (c/m to dft Daniels at 2064 Tiprell Road, Apt. 6, Cumberland Gap, TN 37724) (ABF)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MELISSA FARLEY,
Plaintiff,
v.
STANLEY JASON DANIELS,
Defendant.

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No.:

3:13-CV-18-TAV-HBG

ORDER
This civil matter is before the Court on the Report and Recommendation (the
“R&R”) entered by United States Magistrate Judge H. Bruce Guyton on December 22,
2014 [Doc. 25]. In the R&R, Magistrate Judge Guyton recommends that the Court enter
a default judgment in plaintiff Melissa Farley’s favor on both of her tort claims and her
claim under 28 U.S.C. § 1983, and that the default judgment be in the amount of
$125,000.00, representing damages incurred by plaintiff as a result of defendant’s actions
on January 13, 2012. Magistrate Judge Guyton further recommends that the Court grant
plaintiff’s Motion for Costs and Application for an Award of Attorney Fees [Doc. 21],
and award her $8,960.00, representing the attorneys’ fees and costs she reasonably
incurred in litigating this case. There have been no timely objections to the R&R, and
enough time has passed since the filing of the R&R to treat any objections as having been
waived. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).

Plaintiff filed this case on January 1, 2013, against defendant in his individual and
official capacities, and against Claiborne County, Tennessee, defendant’s employer on
the date that he committed the acts that form the basis of plaintiff’s claims [Doc. 1]. Both
Claiborne County and defendant in his official capacity appeared through the same
counsel, but defendant never appeared in his individual capacity [Doc. 5; Doc. 6]. The
Court dismissed plaintiff’s claims against defendant in his official capacity on December
27, 2013 [Doc. 13], and the parties stipulated to the dismissal of Claiborne County as a
defendant on February 20, 2014 [Doc. 14].
The Clerk of Court entered default against defendant in his individual capacity on
June 10, 2014 [Doc. 16], and plaintiff filed her Motion for Default Judgment [Doc. 17]
on the next day. The Court set a hearing on plaintiff’s motion for November 17, 2014,
and directed the Clerk of Court to mail a copy of the order setting the hearing to
defendant at his last known address [Doc. 19]. Defendant failed to respond to plaintiff’s
motion or appear at the hearing, where Magistrate Judge Guyton took evidence on
plaintiff’s claims [Doc. 20]. Plaintiff filed her Motion for Costs and Application for an
Award of Attorney Fees [Doc. 21] shortly thereafter, and the R&R followed.
Plaintiff’s Motion for Default Judgment [Doc. 17] is properly before the Court
pursuant to Rule 55 of the Federal Rules of Civil Procedure. Defendant has failed to
plead or otherwise defend against plaintiff’s claims, despite his apparent knowledge of
this case as evidenced by his appearance in his official capacity. After a careful review

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of the matter, the Court is in agreement with Magistrate Judge Guyton’s
recommendations, which the Court adopts and incorporates into its ruling.
Accordingly, the Court ACCEPTS IN WHOLE the R&R [Doc. 25]. The Court
GRANTS plaintiff’s Motion for Default Judgment [Doc. 17] and ORDERS that a
default judgment against Stanley Jason Daniels in the amount of $125,000.00 be entered
in this case.

Additionally, the Court GRANTS plaintiff’s Motion for Costs and

Application for an Award of Attorney Fees [Doc. 21] and ORDERS that plaintiff be
AWARDED attorneys’ fees and costs in the amount of $8,960.00.
The Clerk of Court is DIRECTED to mail a copy of this Order to Mr. Daniels at
his last known address and CLOSE this case.
IT IS SO ORDERED.

s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
s/ Debra C. Poplin
CLERK OF COURT

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