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Dona v. Midland Credit Management

United States District Court, E.D. New York
Mar 15, 2011
10-CV-0825 (JS) (WDW) (E.D.N.Y. Mar. 15, 2011)

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.


Summaries of

Dona v. Midland Credit Management

United States District Court, E.D. New York
Mar 15, 2011
10-CV-0825 (JS) (WDW) (E.D.N.Y. Mar. 15, 2011)

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.

awarding $500 in statutory damages for single violation on a default judgment; defendant left a message on the plaintiff's answering machine without indicating that the call was from a debt collector for the purposes of collecting a debt

Summary of this case from Kaylor-Trent v. Bonewicz
Case details for

Dona v. Midland Credit Management

Case Details

Full title:ROBERT DONA, Plaintiff, v. MIDLAND CREDIT MANAGEMENT, INC., Defendant

Court:United States District Court, E.D. New York

Date published: Mar 15, 2011

Citations

10-CV-0825 (JS) (WDW) (E.D.N.Y. Mar. 15, 2011)

Citing Cases

Pearson v. Apria Healthcare Grp.

However, Plaintiff's cited cases involve voicemails regarding debt collection. See e.g., Rhodes v. Olson…

Kaylor-Trent v. Bonewicz

While some courts have so held, others have awarded damages between $1 and higher for single violations. See,…