Lee v. Horton et al

Filing 28

ORDER denying defendants' 26 Motion to Compel. Signed by Magistrate Judge Tu M. Pham on 4/23/2018. (Pham, Tu)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
WESTERN DIVISION

CHRISTIE LEE,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
RODNEY HORTON and KROGER
DEDICATED LOGISTICS CO.,
Defendants.

17-cv-2766-JPM-tmp

ORDER DENYING DEFENDANTS’ MOTION TO COMPEL PURSUANT TO FED. R.
CIV. P. 37(a)(3)(A)

Before the court, pursuant to Administrative Order 2018-13,
is defendants Rodney Horton and Kroger Dedicated Logistics Co.’s
(collectively “Kroger”) motion to compel plaintiff Christie Lee
to provide an appropriate damages calculation pursuant to Fed.
R. Civ. P. 26(a)(1)(A)(iii) and for appropriate sanctions, filed
on April 17, 2018.

(ECF No. 26.)

Lee responded on April 19,

2018, and indicates that she is willing and able to supply a
corrected damages calculation.1

(ECF No. 27 at 2.)

Lee also

seeks a declaration that Kroger’s motion violated Local Rule 7.2
and an award of attorney’s fees.

(Id.)

On March 9, 2018, Lee provided Kroger with an itemized
statement

indicating

that

she

seeks

1

$750,000

in

non-economic

The court notes that Lee did not attach the corrected damages
calculation to her motion.
-1-

damages and $1,511,083.70 in punitive damages.

(ECF No. 26-1.)

According to Kroger, during a telephonic scheduling conference
on

March

23,

2018,

the

court

ordered

Lee

to

supplement

her

damages claim with a good faith calculation of the amount of
punitive and non-economic damages she seeks.

(ECF No. 26 at 2.)

On April 12, 2018, Lee provided Kroger with a second statement
in which Lee listed various bases for her non-economic damages
claim, including emotional turmoil and mental anguish.
26-3.)

(ECF No.

There is some debate as to whether Kroger then informed

Lee that it found the supplemented damages calculation to be
deficient.

(ECF No. 26 at 5; ECF No. 27 at 2.)

Because it appears that Lee is willing to provide Kroger
with a corrected damages calculation, Kroger’s motion to compel
is DENIED.
emotional

The court further notes that, because punitive and
distress

damages

can

be

challenging

to

calculate,

courts have typically allowed parties to state that they will
seek

such

damages

without

providing

itemization of the damages sought.

an

exact

amount

or

an

See Marshall v. Rawlings

Co., LLC, No. 3:14-CV-359-TBR, 2018 WL 1096436, at *17 (W.D. Ky.
Feb. 28, 2018); Walker v. Caidan Mgmt. Co., LLC, No. 15-11465,
2018

WL

441358,

at

*1

(E.D.

Mich.

Jan.

16,

2018);

Conn

v.

Deskins, No. CV 16-87-ART, 2017 WL 1738084, at *3 (E.D. Ky. Mar.
7, 2017); Rosson v. Wyndham Vacation Resorts, Inc., No. 3-10-

-2-

0429, 2011 WL 92053, at *1 (M.D. Tenn. Jan. 11, 2011).
parties’ cross-claims for sanctions and fees are DENIED.
IT IS SO ORDERED.
s/ Tu M. Pham
TU M. PHAM
United States Magistrate Judge
April 23, 2018
Date

-3-

_____

The