Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 1 of 6

UNITED STATES DISTRICT CO URT
SO UTHERN DISTRICT O F FLORIDA
Case No.:14-61466-CIV-W ILLIAM S
JANE DO E 1 and
JANE DO E 2,

Plaintiffs,

VS.

THOMAS M ERENDA ,and
FRANKLIN HARTLEY,

Defendants.
/

FINAQ DEFAULT JUDGMENT FOR PLAINTIFF JANE DOE 2
8N; AQAINST DEFENDANTS THOMAS MERENDA AND FRANKLYN HARTLEY
THIS M ATTER is before the Courtfollowing an evidentiary hearing on dam ages

held on February 3,2016. (DE 90). The Coud previously entered judgmentin favorof
Plaintiffs Jane Doe 1 and Jane Doe 2 on Iiability and against Defendants Thom as

Merenda and Franklin Hadley. (DE 82). On February 3,2016,the Courtheld a sealed
evidentiary hearing on damages where Plaintiffs each presented testimony. (DE 90).
Atthe hearing,the Courtrequired each Plaintiffto subm it a dam ages calculation and

evidence suppoding it. Following the hearing, the Coud also required Plaintiffs to

subm itIegalauthority supporting theirclaim s forcom pensatory and punitive dam ages.

(DE 91).Plaintiffs complied.(DE 92).
Forthe reasons setforthe below ,following a thorough review ofthe testim ony

and evidence presented at the sealed hearing and the supplem ental m aterials, the

Coud awards dam ages to PlaintiffJane Doe 2,and againstDefendants Franklin Hartley

and Thom as M erenda,as follows:

OnApril17,2015,Plainti
ffsfiled theiramended complaint. (DE 54).
Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 2 of 6

2. O n August 7, 2015, Defendant Thom as M erenda was served with a

summonsofthe amended complaint. (DE 71).
3. O n August 12, 2015, Defendant Franklin Hadley was served with a

summonsofthe amended complaint. (DE 72).
4. O n Septem ber 29, 2015, the Clerk of the Court for the United States

District Coud for the Southern District of Florida entered a default pursuant to Rule

55(a)ofthe FederalRules ofCivilProcedure againstDefendantsThomas Merenda and
Franklin Hadleyforfailure to appearorotherwise defend. (DE 76).
5. On October 6, 2015, Plaintiffs filed their motion for default judgment
againstDefendants Franklin Hartley and Thomas Merenda. (DE 79),
6, By the defaults entered by the Defendants Franklin Hadley and Thom as

Merenda for failure to appear orotherwise defend,these Defendants adm itthe well-

plead allegations offactand Iiability alleged in the am ended com plaint. See Buchanan

v.Buchanan,820 F.2d 359,361 (11th Cir.1988)(holding that''the effectofa default
judgmentisthatthe defendant'...admits the plaintiff's well-pleaded allegations offact,
is concluded on those facts by the judgment,and is barred from contesting on appeal
the factsthus established.''(citing Nishimatsu Constr.Co.,Ltd.7.Houston Nat'
lBank,
515 F.2d 1200,1206 (5th Cir.1975))).
On November3,2015,the Courtgranted defaultjudgmentas to Iiability
forbattery(Count3),intentionalinfliction ofemotionaldistress (Count7),and 42 U.S.C.
j 1983 violations (Count 16) in favorof PlaintiffJane Doe 2 and against Defendant
Thomas Merenda. (DE 82). The Courtalso granted defaultjudgmentasto Iiability for
battery (Count4),intentionalinfliction ofemotionaldistress (Count8),and 42 U.S.C.j

2
Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 3 of 6

1983 violations (Count 14) in favor of PlaintiffJane Doe 2 and against Defendant
Franklin Hartley.

8. On February 3,2016,pursuantto Rule 55(b)ofthe FederalRules ofCivil
Procedure,and in accordance with Eleventh Circuit precedent in S.E.C.e.Smyth,420

F.3d 1225,1231-32 (11th Cir.2005),the Courtheld a sealed evidentiary hearing where
Plainti
ff Jane Doe 2 testified credibly about her traum a and its continuing effects.

PlaintiffJane Doe 2's testim ony was fudhersuppoded by hersubm ission ofadditional

evidence and briefing.

9. Based on the testim ony received atthe February 3,2016 hearing,Plaintiff

Jane Doe 2's estim ation offuture expenses for medical,psychological,and psychiatric

care,the Courtfinds adequate suppod for a dam age award in favor of PlaintiffJane

Doe 2.

10. Based on the well-pled allegations of the Am ended Com plaint and the

evidence presented atthe hearing,the Coud m akes the follow ing additionalfindings of

fact:

a. Franklin Hartley and Thom as M erenda com m itted wrongful and

intentionalacts on May 24,2012 when they acted in concertto abductand batter

PlaintiffJane Doe 2'
,

b. The acts by Defendants Franklin Hartley and Thom as M erenda

necessarily and proximatelycaused injuryto PlaintiffJane Doe 2'
,
c. Defendants Franklin Hadley and Thom as Merenda acted w ith

specific intentto cause injuryto PlaintiffJane Doe 2'
,

3
Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 4 of 6

d. The acts of Defendants Franklin Hadley and Thom as Merenda

were withoutjustcause orexcuse'
,and
e. The acts of Defendants Franklin Hadley and Thom as M erenda

were done with reckless orcallous indifference to the federally protected rights of

Plainti
ffJane Doe 2.

Kawaauhau 7.Ge/ger,523 U.S.57 (1998),
.Smith 7,G ade,461 U.S.30,56 (1983),
.ln re
Kane,755 F.3d 1285,1293 (11th Cir.2014).
As to Counts 3,4,7,8,14,and 16,the Courtawards dam ages in favorof

Plaintiff,Jane Doe 2,and against Defendants,Thom as M erenda and Franklin Hartley,

jointlyand severally,asfollows:
a. Future medicaland professionalcare: $46,700,1 .

b. Com pensatory dam ages forpast
intangible,emotionalharms: $750,000.
,
c. Com pensatory dam ages forfuture
intangible,emotionalharms: $250,000*
,
d. Totaling $1.046.700.00,
foraI1ofwhich sum Ietexecution issue forthw ith.

12. As to Count14,the Courtrenders a verdict in favorof Plaintiff,Jane Doe

2,in the amount of $303,076.15 as punitive damages against Defendant Franklin
Hartley individually.

1 Florida Iaw does not require thatfuture m edicaland professionaldam ages be
discounted to presentvalue'
,therefore,the Courtdeclines to discountthis figure here.
Brook v.United States,No.08-60314-CIV,2009 W L 1298303,at*4 (S.D.Fla.May 8,
2009)(finding that$'a presentvalue reduction is notrequired underFlorida Iaw and that
(the court)did noterrin choosing to notapply such a reduction''in personalinjury case).

4
Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 5 of 6

13. As to Count 16,the Coud renders a verdictin favorofPlaintiff,Jane Doe

2, in the amount of $398,459.55 as punitive damages against Defendant Thomas
Merenda indi
vidually.

14. For the avoidance of doubt, the total am ount of dam ages awarded to

Plaintiff Jane Doe 2, including com pensatory dam ages, past and future m edical

expenses,and punitive dam ages,by this O rderis:

a. Future medicaland professionalcare
jointlyand severally againstDefendants
Hadley and Merenda: $46,700.
,
b. Com pensatory damages forpast
intangible,emotionalharm s,
jointly and severally against
Defendants Hadley and Merenda: $750,000.
,
c. Com pensatory dam ages forfuture
intangible,emotionalharms,jointly and
severally againstDefendants Hadley
and Merenda: $250,000*
,
d. Punitive dam ages againstDefendant
Hartley: $303,076.15*
,
e. Punitive dam ages againstDefendant
Merenda: $398.459.55*
,
Totaling $1.748.235.70,
foraIIofwhich sum Ietexecution issue forthw ith.

15. The Clerk of the Coud is directed to prom ptly prepare,sign,and enter

judgmentconsistentwith the foregoing. See Fed.R.Civ.P.58.
DONE AND ORDERED inChambersinMiami-DadeCounty,Florida,thisix'f;/er
day ofSeptem ber,2016.

5
Case 0:14-cv-61466-KMW Document 93 Entered on FLSD Docket 09/22/2016 Page 6 of 6

KATHL EN M .W ILLIAM S
UNITE STATES DISTRICT JUDG E

Copies furnished to:

Franklin Hadley
5645 CoralRidge Drive,#357
CoralSprings,FL 33076

Thom as Merenda
11731 NW 31stStreet
Sunrise,FL 33323

6

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