Summary
The United States District Court for the District of Nevada grants in part Jamie Thompson’s motion for default judgment against Cosmoprof Inc. The court awards $14,864.00 in back pay, $2,500.00 in emotional-distress damages, and $10,000.00 in punitive damages under 42 U.S.C. § 1981a(b)(1). The court denies the requests for attorney fees and costs without prejudice because they were inadequately supported and directs the clerk to enter judgment for $27,364.00.
Topics
Practice areas
Questions Presented
- Whether plaintiff was entitled to default judgment and the requested back pay, compensatory damages, and punitive damages.
- Whether plaintiff adequately supported a request for attorney fees under the applicable local rule and fee-calculation standards.
- Whether plaintiff could recover costs through the motion for default judgment without filing the required bill of costs or providing sufficient information concerning taxable and nontaxable costs.
Holdings
- The motion for default judgment was properly granted in part, and plaintiff was entitled to $14,864.00 in back pay, $2,500.00 in compensatory damages for emotional distress, and $10,000.00 in punitive damages.
- The request for attorney fees was denied because the motion did not provide the substantive information, attorney affidavit, lodestar calculation, or discussion of the applicable factors required to evaluate the request.
- The request for costs was denied without prejudice because the motion did not establish whether the claimed costs were taxable or nontaxable or otherwise provide sufficient information to evaluate recovery.
Key quotations
“Failure to provide the information required by subsections (a) and (b) in a motion for attorney’s fees may be deemed a consent to the denial of the motion.” (at 1)
“Taxable costs are taxed by the clerk of court rather than the judge.” (at 2)
Factual background
Default was entered against Cosmoprof Inc. in an action brought by Jamie Thompson. Thompson sought back pay, emotional-distress damages, punitive damages, attorney fees, and costs through a motion for default judgment. The court awarded $14,864.00 in back pay, $2,500.00 in compensatory damages for emotional distress, and $10,000.00 in punitive damages, but found the submissions inadequate to award attorney fees or costs through that motion.
Procedural history
Jamie Thompson moved for default judgment against Cosmoprof Inc. Default had previously been entered against Cosmoprof. The court determined that the Eitel factors supported most of the requested relief, directed entry of judgment for $27,364.00, and denied the requests for attorney fees and costs without prejudice because the fee and cost submissions were procedurally and substantively inadequate.