Ayers
Ayers v. Lee
Opinion
Trial Court Opinion
I. INTRODUCTION
20 The Plaintiffs move this Court to apply the Law of the Case Doctrine to Judge 21 Burns’ damage awards against defaulting Defendant James Yiu Lee. (ECF No. 205.) The 22 Defendant opposes. (ECF No. 211.) Plaintiffs then filed a reply. (ECF No. 213.) For 23 purposes of this Order, the Court will address the parties’ positions as they relate to its 24 analysis. 25 /// 26 /// 27 /// 28 II. DISCUSSION A. Applicability of the Doctrine Judge Burns granted in part Plaintiffs’ Motion for Default Judgment against Lee. (ECF No. 126.) As part of the Order, Judge Burns determined the amount of damages applicable to Lee based on the declaration of P. Richard Evans, an expert in forensic evaluations in security cases. (Id. at 3.) Lee did not offer any opposition to Plaintiffs’ motion, which the Court construed as Lee’s consent to the motion being granted. (Id. at 2.) It is this damage awards finding against Lee that Plaintiffs’ assert should be applied against the Defendant under the Doctrine of Law of the Case. (ECF No. 205-1 at 10.) “As most commonly defined, the doctrine [of the law of the case] posits that when 11 …