Opinion
CASE NO. 1:12 CV 02509
05-20-2013
Dennis Bogard, Plaintiff, v. National Credit Consultants, Defendant.
DOWD, J.
MEMORANDUM OPINION AND
ORDER
The Court referred this case to Magistrate Judge Limbert for general pre-trial supervision on October 24, 2012. Defendant was served with plaintiff's complaint in this action alleging violation of the federal Fair Debt Collection Practices Act (FDCPA) (15 U.S.C. § 1692 et seq.), Ohio Consumer Sales Practices Act (OCSPA) (Ohio Revised Code § 1345.01), and common law fraud and conversion under Ohio law. Plaintiff avers that he authorized defendant National Credit Consultants to deduct a one-time only payment from his checking account in order to help a friend from whom defendant was attempting to collect a debt, but alleges that defendant made two additional deductions from plaintiff's checking account without his authorization.
Defendant was served with plaintiff's complaint, however, defendant did not file a responsive pleading or otherwise appear in this case. Default was entered against defendant on December 4, 2012, and a copy of the default entry mailed to defendant by certified mail. ECF 5 and 6.
Pursuant to Rule 55 of the Federal Rules of Civil Procedure, plaintiff seeks default judgment against defendant National Credit Consultants, LLC in the amount of $4,443.50. In support of its motion, plaintiff filed a brief, affidavit of plaintiff's counsel, and attorney time sheets.
Magistrate Judge Limbert issued a Report and Recommendation recommending that plaintiff's motion for default judgment be granted, concluding that the factual allegations in the complaint are sufficient to state a claim for relief as to the causes of action for which plaintiff seeks default judgment. Further, Magistrate Judge Limbert recommends that judgment be entered against defendant in the amount of $4,443.50, concluding that the information and documentation provided by plaintiff in the complaint and in support of default judgment provide a sufficient basis for determining damages without the need for an evidentiary hearing. ECF 9.
A copy of Magistrate Judge Limbert's Report and Recommendation was mailed to defendant National Credit Consultants, LLC at its address of record c/o Essence Burks, 2470 Windy Hill Road, Marietta, GA 300067 on April 26, 2013. See Filing Date 4/26/2013.
Under the relevant statute:
[T] magistrate judge shall file [her] proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties.28 U.S.C. § 636(b)(1)(C).
Within fourteen days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.
No objections have been filed to Magistrate Judge Limbert's Report and Recommendation. The failure to file written objections to a Magistrate Judge's report and recommendation constitutes a waiver of a de novo determination by the district court of an issue covered in the report. Thomas v. Arn, 728 F.2d 813 (6th Cir. 1984), aff'd, 474 U.S. 140 (1985); see United States v. Walters, 638 F.2d 947 (6th Cir. 1981).
The Court has reviewed the Magistrate Judge Limbert's well-reasoned Report and Recommendation and adopts the same. Accordingly, plaintiff Dennis Bogard's motion for default judgment (ECF 7 and 8) in the amount of $4,443.50 against defendant is GRANTED.
The Clerk shall mail a copy of this Memorandum Opinion and Order to defendant National Credit Consultants, LLC at its address of record. The Court will separately publish a Judgment Entry.
IT IS SO ORDERED.
______________________
David D. Dowd, Jr.
U.S. District Judge