Burr v. National Credit Adjusters LLC

Filing 15

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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