Case Information
*1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION
M ARCELLA L AWSON , et al. , )
Plaintiffs , )
)
vs. ) 1:10-cv-753-JMS-DKL )
Q INGDAO T AIFA G ROUP C O ., LTD., )
Defendant. )
ORDER ON DAMAGES
On February 19, 2013, the Court entered default judgment on the claims from Plaintiffs Marcella and Timothy Lawson’s Amended Complaint that were against Defendant Qingdao Taifa Group Co., Ltd. (“Taifa”). [Dkts. 39; 96.] Although liability allegations in Plaintiffs’ Amended Complaint are deemed admitted in light of Taifa’s default, allegations regarding the amount of damages are not. Dundee Cement Co. v. Howard Pipe & Concrete Products, Inc. , 722 F.2d 1319, 1323 (7th Cir. 1983) (citation omitted); see also In re Catt , 368 F.3d 789, 793 (7th Cir. 2004) (“Even when a default judgment is warranted based on a party's failure to defend, the allegations in the complaint with respect to the amount of damages are not deemed true.”).
On April 26, 2013, the Court held a hearing on damages. [Dkt. 96.] Plaintiffs were pre- sent in person and by counsel, Christopher J. McElwee and Terry L. Monday. Notice of the hearing was mailed to Defendant Qingdao Taifa Group Co., Ltd., but it did not appear at the hearing. Plaintiffs called Marcella Lawson, who was placed under oath and testified. Plaintiffs then called Timothy Lawson, who was placed under oath and testified. Plaintiffs’ Exhibits A, B, C, and D were admitted into evidence. The matter was taken under advisement at the conclusion of the hearing, and the Court now rules as follows:
_______________________________ Hon. Jane Magnus-Stinson, Judge United States District Court Southern District of Indiana *2 Based on the evidence presented at the hearing, the Court finds that Plaintiffs are entitled to damages in the following amounts:
• $170,723.95 for Ms. Lawson’s medical bills
• $811,200 for Ms. Lawson’s wage loss
• $811,200 for Ms. Lawson’s pain, suffering, and loss of consortium • $200,000 for Mr. Lawson’s pain, suffering, and loss of consortium Accordingly, the Court awards Plaintiff Marcella Lawson $1,793,123.95, and Plaintiff Timothy Lawson $200,000 on their claims against Taifa. Judgment will enter accordingly. The Court reporter was Jean Knepley.
04/26/2013 Distribution by U.S. Mail to:
Qingdao Taifa Group Co., Ltd.
No. 185, Beijing Zhong Road
Jiaonan, Qingdao City
Shandong, China 266071
Distribution via ECF only:
A. Kristine Lindley
klindley@skilesdetrude.com
Christopher J. McElwee
MONDAY RODEHEFFER JONES & ALBRIGHT
cmcelwee@mrjalaw.com
Terry L. Monday
MONDAY RODEHEFFER JONES & ALBRIGHT
tmonday@aol.com
Richard Robert Skiles
rskiles@skilesdetrude.com