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16-1385 - HOOPER v. MOSIER et al


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16-1385 - HOOPER v. MOSIER et al
June 17, 2016
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ENTRY ON JURISDICTION - Allegations made upon information and belief are not sufficient to allow the Court to determine whether diversity jurisdiction exists. Therefore, the Plaintiff is ORDERED to file a Supplemental Jurisdictional Statement that establishes the Court's jurisdiction over this case. This Supplemental Jurisdictional Statement is due 14 days from the date of this Entry. Signed by Judge Tanya Walton Pratt on 6/17/2016.(JLS)
July 19, 2016
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ORDER ON PLAINTIFF'S MOTION FOR ENTRY OF DEFAULT JUDGMENT - Here, Plaintiff did not first obtain a clerk's entry of default, instead, he prematurely moved the court for a default judgment. Accordingly, Plaintiff's Motion for Entry of Default Judgment (Dkt. 12) is DENIED. Plaintiff is given leave to re-file the appropriate motion. *See order* Signed by Judge Tanya Walton Pratt on 7/19/2016. (JLS)
September 20, 2016
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ORDER ON MOTION FOR ENTRY OF DEFAULT AND DIRECTING DEFENDANT THE FINER DETAILS, LLC TO SHOW CAUSE - The Plaintiff's Application for Clerk's Entry of Default (Filing No. 14) is DENIED IN PART (as to defendant Ken Mosier) AND TAKEN UNDER ADVISE MENT IN PART (as to defendant The Fine Details, LLC). **SEE ORDER** Copy to Defendant's via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/20/2016. (JLS)
September 20, 2016
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ORDER ON MOTION FOR DEFAULT JUDGMENT ON SUM CERTAIN - This matter is before the Court on the Plaintiff's Motion for Default Judgment on Sum Certain. The Motion (Filing No. 18) is DENIED for the following reasons: **SEE ORDER** Copy to Defendants via U.S. Mail. Signed by Judge Tanya Walton Pratt on 9/20/2016. (JLS)
October 12, 2017
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***PLEASE DISREGARD, SEE AMENDED AT 91***ENTRY FOLLOWING DAMAGES HEARING - Defendants are liable to Hooper in the amount of $40,900.00 for actual damages and the amount of $43,645.32 for attorneys' fees. Accordingly, Defendants' total liability to Hooper is $84,545.32. Final judgment will issue under separate order. See entry for details. Signed by Judge Tanya Walton Pratt on 10/12/2017. (MEJ) Modified on 4/12/2018 (NAD).
April 12, 2018
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will issue under separate order. Copies mailed pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/12/2018. (NAD)ENTRY GRANTING PLAINTIFF'S MOTION TO AMEND JUDGMENT - The Court, having considered Plaintiff's Motion to Amend Judgment (Filing No. 77), and the Court, being duly advised, now finds that the Motion should be and hereby is GRANTED. IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Entry Following Damages Hearing (Filing No. 73) is hereby amended to include actual damages in the amount of $20,000.00 for Plaintiff's Conversion claim, which is trebled to the amount of $60,000.00 pursuant to Indiana Code § 34-24-3-1. Plaintiff's actual, total damages--$20,000.00 for the Conversion claim and $40,900.00 from the initial damages award--are doubled pursuant to Plaintiff's Indiana Senior Consumer Protection Act claim under Indiana Code § 24-4.6-6-5(c)(1). Defendants are liable to Plaintiff in the amount of $40,900.00 from the initial damages award, $60,000.00 for the Conversion claim, $60,900.00 for statutory double damages and a $5,000.00 civil penalty for the Senior Consumer Protection Act claim, and $43,645.32 for attorneys' fees. Accordingly, Defendants' total liability to Plaintiff is $210,445.32. An amended final judgment