Summary
finding allegations of an ATDS reasonable because of "long periods of silence before disconnecting," "seconds of dead air then an audible 'Bloop' type tone upon which a live agent was connected," and "local area code spoofing by using 615 numbers to call 615 numbers"
Summary of this case from Shelton v. Merch. Flow Fin. Corp.Opinion
Civil Action No. 4:18-CV-161
09-24-2018
CRAIG CUNNINGHAM v. GREENSTAR CAPITAL SOLUTIONS, LLC
(Judge Mazzant/Judge Nowak) MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the Magistrate Judge pursuant to 28 U.S.C. § 636. On August 1, 2018, the report of the Magistrate Judge (Dkt. #31) was entered containing proposed findings of fact and recommendations that Plaintiff's "Motion for a Default Judgment and Request for Hearing to Determine Damages" (Dkt. #20) be granted in part and denied in part, that default judgment be entered for Plaintiff, and that Plaintiff should be awarded $23,500.00 as statutory damages.
Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this Court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge's report as the findings and conclusions of the Court.
It is, therefore, ORDERED Plaintiff's "Motion for a Default Judgment and Request for Hearing to Determine Damages" (Dkt. #20) is GRANTED IN PART AND DENIED IN PART, and a default judgment shall be entered for Plaintiff.
SIGNED this 24th day of September, 2018.
/s/_________
AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE