North Dakota Human Rights Coalition, et al. v. Patriot Front, et al.

Summary

The United States District Court for the District of North Dakota partially grants plaintiffs’ motion for default judgment against Patriot Front and John Does 1–10. The court awards default judgment on specified claims, finds $24,664.37 in compensatory damages supported by the record, and permits plaintiffs to supplement evidence concerning property damages and attorneys’ fees before entering a separate final judgment.

Holdings

1. After entry of default, the court treated the well-pleaded allegations in the complaint as admitted and granted default judgment on counts one, two, three, five, and seven.
2. The affidavits and exhibits established $24,664.37 in compensatory damages for the past and future cost of security cameras and services.
3. The existing affidavits and exhibits did not establish the requested $45,000 in property damages to a reasonable degree of certainty.
4. The court deferred final determination of damages and attorneys' fees, allowed Plaintiffs 30 days to submit supplemental evidence, and directed that a separate final judgment be entered after damages were determined.

Questions Presented

1. Whether Plaintiffs were entitled to default judgment after the Clerk entered default and Defendants failed to respond or appear.
2. Whether the existing affidavits and exhibits established Plaintiffs' requested damages to a reasonable degree of certainty.
3. Whether determination of additional damages and attorneys' fees should be deferred to allow Plaintiffs to supplement the record.

Disposition

other