Summary
noting that, in determining whether a default judgment is appropriate, a court may consider whether the facts alleged in the complaint state a valid claim
Summary of this case from Pac. M. Int'l Corp. v. Raman Int'l Gems, Ltd.Opinion
10 CV 2465 (RJD) (CLP)
04-24-2012
MOSHE STEIN, Plaintiff, v. VALENTINE & KEBARTAS, INC., Defendant.
ORDER
DEARIE, Judge.
In her Report and Recommendation issued March 15, 2012, Magistrate Judge Cheryl Pollak finds that plaintiffs barebones allegations are not sufficient, under the standards set forth in Ashcroft v. Iqbal. 129 S. Ct. 1938, 1949 (2009), to state a claim against defendant under the Fair Debt Collection Practices Act, 15 U.S. C. § 1692e(5) and (10). Magistrate Pollak therefore recommends that the Clerk's default entered against the defendant be vacated and that plaintiffs motion for a judgment of default be denied without prejudice to the filing of a more detailed amended complaint.
Neither the plaintiff (who is represented in this action) nor the defendant has filed an objection. Accordingly, having considered the pleading, motion papers and Magistrate Pollak's thorough analysis, the Court adopts the Report and Recommendation in its entirety. SO ORDERED. Dated: Brooklyn, New York
April 24, 2012
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RAYMOND J. DEARIE
United States District Judge