Burr v. National Credit Adjusters LLC
Filing
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ORDER ADOPTING REPORT AND RECOMMENDATION accepting 14 Report and Recommendation. Plaintiff's Motion for Default Judgment as to National Credit Adjusters LLC (Doc. 11 ) is granted. Plaintiff is awarded $1,000.00 in statutory damages an d $2,400.00 in attorney's fees for a total of $3,400.00 against Defendant National Credit Adjusters LLC. The judgment shall bear post-judgment interest at the statutory rate as set forth under 28. U.S.C. § 1961. The Clerk shall terminate this action and enter judgment accordingly. Signed by Judge G Murray Snow on 5/1/17. (DXD)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Jordan Burr,
No. CV-16-01139-PHX-DKD
Plaintiff,
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v.
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ORDER
National Credit Adjusters LLC,
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Defendant.
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Pending before the Court is Plaintiff’s Motion for Default Judgment as to National
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Credit Adjusters LLC (Doc. 11) and United States Magistrate David K. Duncan’s Report
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and Recommendation (“R&R”) (Doc. 14). The R&R recommends that the Court grant
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the Motion (Doc. 14 at 1). The Magistrate Judge advised the parties that they had
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fourteen days to file objections to the R&R and that failure to file timely objections could
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be considered a waiver of the right to obtain review of the R&R. Id. at 2 (citing Fed. R.
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Civ. P. 6(a), 6(b) and 72; United States v. Reyna-Tapia, 328 F.3d 1114, 1121 (9th Cir.
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2003)).
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The parties did not file objections, which relieves the Court of its obligation to
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review the R&R. See Reyna-Tapia, 328 F.3d at 1121; Thomas v. Arn, 474 U.S. 140, 149
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(1985) (“[Section 636(b)(1)] does not . . . require any review at all . . . of any issue that is
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not the subject of an objection.”); Fed. R. Civ. P. 72(b)(3) (“The district judge must
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determine de novo any part of the magistrate judge’s disposition that has been properly
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objected to.”). The Court has nonetheless reviewed the R&R and finds that it is well-
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taken. The Court will accept the R&R and will grant the Motion. See 28 U.S.C.
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§ 636(b)(1) (stating that the district court “may accept, reject, or modify, in whole or in
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part, the findings or recommendations made by the magistrate”); Fed. R. Civ. P. 72(b)(3)
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(“The district judge may accept, reject, or modify the recommended disposition; receive
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further evidence; or return the matter to the magistrate judge with instructions.”).
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IT IS HEREBY ORDERED:
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1.
Magistrate Judge Duncan’s R&R (Doc. 14) is accepted.
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2.
Plaintiff’s Motion for Default Judgment as to National Credit Adjusters
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LLC (Doc. 11) is granted.
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Plaintiff is awarded $1,000.00 in statutory damages and $2,400.00 in
attorney’s fees for a total of $3,400.00 against Defendant National Credit Adjusters LLC.
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The judgment shall bear post-judgment interest at the statutory rate as set
forth under 28. U.S.C. § 1961.
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The Clerk of Court shall terminate this action and enter judgment
accordingly.
Dated this 1st day of May, 2017.
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Honorable G. Murray Snow
United States District Judge
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