VITALE v. RHYGAN KOCHACK TAVERN, LLC

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
KRISTIN VITALE, 	)
)
Plaintiff, 	)
)
v. 	) 	No. 1:25-cv-00578-JRO-MKK
)
RHYGAN KOCHACK TAVERN, LLC 	)
d/b/a BIGSYS SPORTS GRILL, 	)
)
Defendant. 	)
ORDER DIRECTING DEFAULT JUDGMENT
Before the Court is Plaintiff Kristin Vitale's motion for default judgment
against Defendant Rhygan Kochack Tavern, LLC, doing business as Bigsy's
Sports Grill ("Bigsy's"). Dkt. 43. Defendant did not file a response. For the
reasons 	that 	follow, 	and 	pursuant 	to 	Federal 	Rule 	of 	Civil 	Procedure 	55,
Plaintiff's motion is GRANTED, and Defendant is ordered to pay in the aggregate
the amount of $181,472.48. Dkt. [43].
I. BACKGROUND
Unless otherwise stated, the following facts are taken from the Complaint
and are accepted as true based on the Clerk's entry of default. See Fed. R. Civ.
P. 55(b); Yang v. Hardin, 37 F.3d 282, 286 (7th Cir. 1994). The Court also finds
additional facts summarized in this Order are true by a preponderance of the
evidence based on the uncontested evidence submitted by Plaintiff and the
Court's own observations of Plaintiff's testimony during the damages hearing.
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 1 of 9 PageID #:
<pageID>

2
A. 	Facts
Bigsy's is a bar and restaurant that operates in the Southern District of
Indiana. Dkt. 1 ¶ 2. Vitale, a woman, was employed as a server at Bigsy's from
May 2019 to April 3, 2024. Id. ¶¶ 10, 12. In 2023, Matthew and Lita Nichols (the
Nicholses) bought Bigsy's. Id. ¶ 14. They employed Kristina Crockett as general
manager. Id.
Vitale became concerned Crockett was working to damage her reputation
with the Nicholses, by making false accusations and by trying to reduce Vitale's
scheduled hours. Id. ¶¶ 15–21. Vitale alerted the Nicholses to her concerns. Id.
¶ 17. For example, in January 2024, Crockett changed Vitale's schedule to
remove her from a desirable Thursday lunch shift that she had worked for years.
Id. ¶ 19. Vitale's schedule was updated to again include the Thursday shift after
she discussed her concerns with Matthew Nichols. Id. ¶ 20.
On April 3, 2024, Crockett and Lita Nichols met with Vitale at Bigsy's. Id.
¶ 22. Crockett and Lita Nichols purported to be in receipt of text messages from
the wife of a frequent customer of Bigsy's. Id. The messages, among other things,
accused Vitale of having sexual encounters with patrons of Bigsy's in exchange
for $300–$500. Id. The messages stated Vitale did this by letting customers drink
at 	Bigsy's 	for 	free 	without 	ringing 	up 	the 	drinks, 	taking 	customers' 	cash
payments for herself, and then accompanying them to a nearby hotel after work.
Id. Crockett and Lita Nichols confronted Vitale with these accusations, and
accused Vitale of flirting with Matthew Nichols to get her shifts back. Id. At the
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 2 of 9 PageID #:
<pageID>

3
end of the meeting, Crockett and Lita Nichols terminated Vitale's employment
with Bigsy's. Id. ¶ 24.
Vitale maintains the accusations presented in the April 3 meeting are false.
Id.; Dkt. 1 ¶¶ 23, 26.
Crockett and Nichols's accusations against Vitale were made loudly where
Bigsy's customers and kitchen staff could hear them. Dkt. 43-1 ¶ 5. And Vitale
had trouble finding work after leaving Bigsy's. Dkt. 43-1 ¶¶ 8, 17. She testified
that she heard from a connection at another bar, Shakers, that it was rumored
she was fired from Bigsy's for stealing. These rumors were bolstered by Bigsy's
unusual social media posts, including one suggesting Bigsy's had knowledge of
patrons' infidelity. See Dkt. 43-11. Vitale eventually found employment at White
Horse Pub, where she earned less in tips despite working longer hours. Id. ¶¶ 9–
13.
Vitale's termination adversely impacted her mental and emotional health.
After her termination from Bigsy's, Vitale avoided restaurants and bars she
previously 	enjoyed 	out 	of 	fear 	that 	Crockett 	or 	others 	connected 	to 	the
accusations would be there. Id. ¶ 18. Vitale experienced intense anxiety when
she encountered people associated with Bigsy's in public, as she worried they
thought of her as a thief or prostitute.
Vitale began seeing a psychiatric-mental health nurse practitioner for
depression, anxiety, and panic attacks after her termination. Id. ¶ 20. Vitale was
prescribed medication for depression and anxiety. Id. ¶ 19. This was the first
time in her adult life that she took such medications for her mental health. Id.
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 3 of 9 PageID #:
<pageID>

4
Vitale and her romantic partner, James Mathis, both described strain on
their relationship after Vitale's termination from Bigsy's. Vitale said she became
a recluse. Mathis reported Vitale would cry often and told him she felt worthless
and hurt. Dkt. 43-14 ¶ 4. Vitale's longer hours and night shifts at White Horse
Pub 	meant 	she 	spent 	less 	time 	with 	Mathis, 	which 	also 	strained 	their
relationship. Dkt. 43-1 ¶ 21. Ultimately, Vitale testified, she left her job at White
Horse Pub in April 2026 to become a full-time homemaker to preserve her
relationship with Mathis and reduce stress in her life.
B. 	Procedural History
Vitale filed suit on March 26, 2025, bringing federal claims under Title VII
and 	the 	Fair 	Labor 	Standards 	Act 	and 	state-law 	claims under 	theories 	of
defamation per se and the Indiana Wage Claims Statute. See generally Dkt. 1.
While Defendants initially failed to pay Vitale her last paycheck and final
tips on credit card bills, they tendered payment of $740.29 in July 2025. Id. ¶
26; Dkt. 43-12.
Defendant Bigsy's appeared by counsel in this matter, answered Vitale's
complaint, and brought counterclaims. Dkts. 8, 10. In February 2026, Bigsy's
counsel moved to withdraw. Dkt. 31. Magistrate Judge M. Kendra Klump held
an ex parte status conference on March 9 to discuss the motion, in part because
granting the motion would leave Bigsy's, a limited liability entity, unrepresented
in this matter. Dkt. 34. Despite the Magistrate Judge's order requiring Bigsy's
representative, 	as 	well 	as 	their 	counsel, 	to 	attend 	the 	conference, 	Bigsy's
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 4 of 9 PageID #:
<pageID>

5
representative failed to appear. Dkt. 35. As the Magistrate Judge previously
summarized, the Court
granted 	Defendant's 	counsel's 	motion 	to 	withdraw
appearance, 	and 	ordered 	Defendant 	to 	secure 	new
counsel by March 31, 2026, or show cause by April 7,
2026, why the Court should not enter a judgment of
default in Plaintiff's favor due to Defendant's failure to
appear 	to 	defend 	in 	this 	case 	and to prosecute 	its
counterclaim(s).
Dkt. 40 (citing dkt. 36). In the months since this order, Bigsy's did not (1) cause
new counsel to appear in this matter, (2) attend subsequent status conferences
via representative, or (3) otherwise engage in the litigation process. Dkt. 39; see
also dkt. 40. On May 28, 2026, the Court adopted the Magistrate Judge's report
and recommendation, granting Plaintiff's oral motion for default and dismissing
Bigsy's counterclaims based on Bigsy's failure to defend and failure to prosecute
its counterclaims. Dkt. 41.
Vitale then moved for default judgment. Dkt. 43. The Court held a hearing
to 	consider 	evidence 	on 	Plaintiff's 	claims 	for 	compensatory 	damages 	and
defamation damages. Dkt. 50. Defendant failed to appear at the hearing despite
receiving notice. The Court took Vitale's motion for default judgment under
advisement. Id. This matter is now ripe for the Court's ruling.
II. LIABILITY
Federal Rule of Civil Procedure 55 sets forth a "two-step process" for
obtaining a default judgment. VLM Food Trading Int'l, Inc. v. Ill. Trading Co., 811
F.3d 247, 255 (7th Cir. 2016). First, the plaintiffs must seek an entry of default
from the Clerk. Fed. R. Civ. P. 55(a); see VLM Food, 811 F.3d at 255 (explaining
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 5 of 9 PageID #:
<pageID>

6
"[t]he basic effect of an entry of default is that upon default, the well-pleaded
allegations of a complaint relating to liability are taken as true" (cleaned up)).
Second, the moving party must seek entry of a default judgment against
the defaulting party. Fed. R. Civ. P. 55(b). The court may enter a default
judgment against a party who has failed to plead or otherwise defend itself. Fed.
R. Civ. P. 55(b)(2). The decision to grant or deny a default judgment is within the
court's discretion. See Domanus v. Lewicki, 742 F.3d 290, 301 (7th Cir. 2014)
(indicating a decision on default judgment is reviewed for abuse of discretion).
As previously noted, the Clerk entered default against Defendant on May
28, 2026. Dkt. 42. That was step one under Rule 55. That entry of default "'d[id]
not of itself determine rights,'" but had the effect of establishing the facts of
Plaintiffs' well-plead allegations relating to liability. VLM Food, 811 F.3d at 255
(quoting United States v. Borchardt, 470 F.2d 257, 260 (7th Cir. 1972) and citing
Dundee Cement Co. v. Howard Pipe & Concrete Prods., Inc., 722 F.2d 1319, 1323
(7th Cir. 1983)). Unlike allegations as to Bigsy's liability, damages must be
proved. A hearing is therefore required unless "the amount claimed is liquidated
or capable of ascertainment from definite figures contained in the documentary
evidence or in detailed affidavits." e360 Insight v. The Spamhaus Project, 500 F.3d
594, 602 (7th Cir. 2007).
III. RELIEF
For her relief, Vitale seeks backpay under her Title VII claims, which is
capable of ascertainment from definite figures. She also seeks $50,000.00 in
compensatory 	damages 	under 	her 	Title 	VII 	claims 	for 	emotional 	distress,
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 6 of 9 PageID #:
<pageID>

7
humiliation, and reputational harm. Dkt. 44 at 5. Finally, she seeks $25,000.00
in damages for her defamation claim. Id. at 7.1 Vitale also asks for an award of
prejudgment interest on her backpay claim.2 Dkt. 51 at 3–4, 5.
A. 	Backpay & Prejudgment Interest
Vitale has established her right to back pay of $96,221.63. See dkt. 43-1
¶¶ 10–12; Dkt. 43-2; Dkt. 43-7. This is calculated based on the amount Vitale
would have earned at Bigsy's based on her weekly earnings ($1,341.16 per week)
multiplied by the number of weeks between Vitale's termination from Bigsy's and
her April 2026 exit from the workforce (105 weeks and 3 days) minus all her
earnings 	at 	White 	Horse 	Pub 	($45,174.95). 	Dkt. 	43-2. 	The 	Court 	awards
prejudgment interest based on the applicable prime interest rates. See Frey v.
Coleman, 903 F.3d 671, 682 (7th Cir. 2018). The Court accordingly awards
prejudgment interest in the amounts Vitale requests:
Time Period 	Damages 	Interest Rate 	Interest
Apr. 4, 2024–Apr.
11, 2026
$96,221.63
Daily prime
rates $7,033.35
Apr. 12–Sept. 16,
2026 6.75% 	$2,811.52
Sept. 17–Oct. 9,
2026 7.00% 	$405.98
Total Prejudgment Interest 	$10,250.85
1 While Vitale initially sought statutory damages under the Indiana Wage Claim Act, she
no longer pursues the statutory damages. See dkt. 51 at 1. Accordingly, the Court does
not award them.
2 Vitale also seeks post judgment interest in accord with 28 U.S.C. § 1961. Post
judgment interest is automatically applied to any monetary judgment and does not
require an explicit award from the Court.
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 7 of 9 PageID #:
<pageID>

8
B. 	Compensatory & Defamation per se Damages
The Court heard Vitale's evidence regarding her request for compensatory
and defamation damages, including the facts summarized supra. See dkt. 50.
The compensatory damages compensate Vitale for the emotional distress
she experienced due to Defendant's conduct, including panic attacks, anxiety,
depression, and strain on her interpersonal relationships, which she did not
experience before the wrongdoing described in the complaint. As explained at
the hearing, Vitale has received therapy and medication as a result of the
emotional 	harm 	caused 	by 	Defendant. 	A 	plaintiff's 	testimony 	about 	her
emotional distress can suffice to support an award for nonpecuniary loss in some
cases. Gracia v. SigmaTron Int'l, Inc., 842 F.3d 1010, 1022 (7th Cir. 2016)
(quoting Tullis v. Townley Eng'g & Mfg. Co., 243 F.3d 1058, 1068 (7th Cir. 2001))
(collecting cases awarding damages from $50,000.00 to $175,000.00 on Title VII
claims). Here, Vitale had more than her own testimony. She also introduced
evidence 	of 	her 	therapy 	appointments 	and 	supported 	her 	damages 	via 	a
declaration from her romantic partner.
The 	defamation 	damages 	compensate 	Vitale 	for 	injury 	done 	to 	her
reputation because of Defendant's statements, including their false accusations
that Vitale engaged in prostitution and theft. The Court now finds in favor of
Plaintiff Kristen Vitale on her claims against Defendant Bigsy's in the amount of
$50,000.00 in Title VII compensatory damages and $25,000.00 in defamation
damages.
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 8 of 9 PageID #:
<pageID>

9
IV. CONCLUSION
Plaintiff's motion for default judgment, dkt. [43], is GRANTED. Final
judgment shall issue by separate entry. The clerk is directed to file judgment
in favor of Plaintiffs and against Defendant. Defendant is ordered to pay in the
aggregate amount of $181,472.48, itemized as follows:
Category 	Amount
Title VII back pay 	$96,221.63
Prejudgment interest 	$10,250.85
Compensatory damages – Title VII 	$50,000.00
Defamation damages – Indiana law 	$25,000.00
Total: 	$181,472.48
Plaintiff's request for attorney fees and taxable costs is not included in this
order and may be presented post judgment by separate timely motion and bill of
costs 	under 	Federal 	Rule 	of 	Civil 	Procedure 	54(d), 	applicable 	fee-shifting
statutes, and S.D. Ind. Local Rule 54-1.
SO ORDERED.
Date: 10/9/2026
Distribution:
All ECF-registered counsel of record
Rhygan Kochack Tavern, LLC
Attn: Matthew Nichols & Lita Nichols
5900 North 450 West
Fairland, IN 46126
Case 1:25-cv-00578-JRO-MKK Document 52 Filed 10/09/26 Page 9 of 9 PageID #:
<pageID>