Summary
recommending that the plaintiff's motion for default judgment be granted as to the plaintiff's 15 U.S.C. § 1692e claim because the "[p]laintiff claim[ed] to have received numerous phone messages from the defendant in violation of 15 U.S.C. § 1692e"
Summary of this case from Pearson v. Apria Healthcare Grp.Opinion
10-CV-0825 (JS) (WDW).
March 15, 2011
For Plaintiff: Evan J. White, Esq., New York, NY, Mark H. Rephen, Esq., M. Harvey Rephen Associate, New York, NY.
For Defendants: No appearances.
MEMORANDUM ORDER
Plaintiff Robert Dona ("Plaintiff") sued Defendant Midland Credit Management, Inc. ("Defendant") for alleged violations of the Fair Debt Collection Practices Act. Defendant has not answered or otherwise appeared to defend this litigation, and Plaintiff moved for a default judgment. The Court referred Plaintiff's motion to Magistrate Judge William D. Wall for a Report and Recommendation ("R R"), and Judge Wall recommended that Plaintiff be awarded a default judgment in the amount of $2,767.50.
Objections were due within fourteen (14) days of the date of the R R. The time for filing objections has expired, and no party has objected. Accordingly, all objections are hereby deemed to have been waived.
Upon careful review and consideration, the Court finds Judge Wall's R R to be comprehensive, well-reasoned and free of clear error, and it ADOPTS the R R in its entirety. The Clerk of the Court is directed to enter judgment for Plaintiff against Defendant in the amount of $2,767.50 and to mark this case CLOSED.
SO ORDERED.