Patton v. PLS Capital Group Inc et al

Filing 12

ORDER granting as modified 11 motion for default judgment against PLS Capital Group, Inc. All Patton's claims against Miles are dismissed without prejudice. Signed by Judge D. P. Marshall Jr. on 12/31/2014. (rhm) (Additional attachment(s) added on 12/31/2014: # 1 Main Document - Correct and docket text modified to include the claims are dismissed without prejudice.) (thd).

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION SHEILA PATTON v. PLAINTIFF No. 3:14-cv-146-DPM PLS CAPITAL GROUP, INC. and BRIAN C. MILES DEFENDANTS ORDER Patton moves for entry of default judgment against PLS Capital Group, Inc. PLS appears to have been properly served in July 2014. NQ 8. More than five months have passed. PLS has not answered or appeared. The motion, NQ 11, is therefore granted as modified. The Court will enter judgment for Patton for $1,000.00 in statutory damages, $1,000.00 in actual damages, $400.00 in costs, and $1,500.00 in attorney fees. The Court can't tax the $295.00 paid for using a private process server. 28 U.S.C. ยง 1920; Crues v. KFC Corp., 768 F.2d 230,234 (8th Cir. 1985). In awarding a lower fee than requested, the Court has considered all material circumstances, especially the average hourly rate in this area for this kind of work. Moysis v. DTG Datanet, 278 F.3d 819, 828 (8th Cir. 2002). Patton has not provided proof of service on Miles. The period for serving him has expired. All Patton's claims against Miles are therefore dismissed without prejudice. FED. R. Crv. P. 4(m). So Ordered. D.P. Marshall Jr~ United States District Judge 31 Jku~M-Jwt ~o IL1

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