Opinion
Case No: 8:07-cv-735-T-23EAJ.
October 21, 2008
ORDER
Pursuant to 28 U.S.C. § 636 and Local Rule 6.01(b), the plaintiff's "Motion for Default Judgment" (Doc. 12) was referred to the United States magistrate judge for a report and recommendation. Following the magistrate judge's September 30, 2008, report and recommendation (Doc. 36), no party objects to the report and the time for filing objections has expired. Accordingly, the magistrate judge's report and recommendation (Doc. 36) is ADOPTED. The motion (Doc. 12) is GRANTED to the extent that the motion requests statutory damages under the Florida Consumer Collection Practices Act, Fla. Stat. § 559.77(2), and statutory damages under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692k(a)(2)(A), and otherwise the motion is DENIED. There being no just reason for delay, the Clerk is directed to enter judgment in favor of the plaintiff Tina Lynne Ugarte and against the defendants Brian J. Murtha and Murtha Murtha P.A., jointly and severally, in the amount of $2,000.00 (comprising $1,000.00 as statutory damages under the Florida Consumer Collection Practices Act and $1,000 as statutory damages under the Fair Debt Collection Practices Act).
ORDERED in Tampa, Florida.