RHOADES v. INTERNATIONAL VAN LINES, INC. et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
ROBERT L RHOADES, )
)
Plaintiff, )
)
v. ) No. 1:23-cv-01958-JRS-TAB
)
INTERNATIONAL VAN LINES, INC., )
Y & O MOVING CONSULTING
SERVICES, LLC,
)
)
)
Defendants. )
Order Adopting Report and Recommendation of Damages
Robert Rhoades obtained a default judgment establishing International Van
Lines, Inc., and Y & O Moving Consulting Services, LLC, liable for breach of contract
and various violations of Title 49 of the Code of Federal Regulations. (See Order 1, 8,
ECF No. 18.) Finding damages not capable of ascertainment without an evidentiary
hearing, the Court referred the matter to Magistrate Judge Tim A. Baker. (Id. at 7–
8.) Magistrate Judge Baker held an evidentiary hearing, at which Defendants failed
to appear, (Entry, ECF No. 23), and then issued written findings, recommending that
the Court award damages totaling $34,367.46, which includes compensatory damages
of $7,847.00, court costs of $461.20, attorney's fees of $5,500.00, and punitive
damages of $20,559.26, (R. & R. 8, ECF No. 25). The recommended court costs and
attorney's fees are consistent with the Bill of Costs filed by Rhoades. (ECF No. 22.)
No objections have been filed and the deadline to file them has passed. See Fed. R.
Civ. P. 72(b)(2); 28 U.S.C. § 636(b)(1)(C).
Case 1:23-cv-01958-JRS-TAB Document 26 Filed 10/27/25 Page 1 of 2 PageID #:
<pageID>

2
The Court now ADOPTS the Report and Recommendation ("R&R") with a
clarification. In some places, the R&R describes punitive damages as totaling
$20,559.26, and in others the amount is described as $20,599.26. (R. & R. 1, 4–5, 8,
ECF No. 25.) Since $20,559.26 is the figure consistent with the R&R's calculations
overall and its division of punitive damages in half between the two defendants, (see
id. at 8 ($10,279.63 x 2 = $20,559.26)), the Court assumes any reference to $20,599.26
is a typographical error and construes such reference as $20,559.26.1 A separate final
approval order will be entered reflecting this clarification and awarding damages as
recommended.
SO ORDERED.
Date: 10/27/2025
Distribution:
Magistrate Judge Tim A. Baker
Heather M Prokopow
Prosih LLC
prosihllc@gmail.com
1 This figure is also the binding estimate Rhoades was provided and reflects what he would
have paid had the contract not been breached. (See Estimate, ECF No. 20-1, at 27; R. & R.
5, 8, ECF No. 25.)
Case 1:23-cv-01958-JRS-TAB Document 26 Filed 10/27/25 Page 2 of 2 PageID #:
<pageID>