McClain v. American Credit Resolution, Inc. et al

Filing 26

ORDER signed by District Judge Troy L. Nunley on 1/6/22 ADOPTING 25 Findings and Recommendations and GRANTING IN PART AND DENYING IN PART 23 Motion for Default Judgment. The Court enters judgment in favor of Plaintiff. The Court GRANTS Pl aintiff's request for statutory damages in the amount of $2,000.00 but DENIES Plaintiff's request for emotional distress damages in the amount of $25,000.00. The Court GRANTS Plaintiff's request for attorneys' fees in the amount of $4,637.50 and costs in the amount of $605.00. CASE CLOSED. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALBRA MCCLAIN,

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Plaintiff,

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No. 2:18-cv-01599-TLN-AC

v.

ORDER

AMERICAN CREDIT RESOLUTION,
INC., a Georgia corporation,
Defendant.

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Plaintiff, proceeding pro se, filed the above-entitled action. The matter was referred to a

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United States Magistrate Judge pursuant to Local Rule 302(c)(21).
On October 13, 2021, the magistrate judge filed findings and recommendations herein

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which were served on Plaintiff and which contained notice that any objections to the findings and

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recommendations were to be filed within twenty-one days. (ECF No. 25.) Objections to the

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findings and recommendations have not been filed.

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Although it appears from the file that Defendant’s copy of the findings and

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recommendations was returned, the Defendant was properly served. It is the Defendant’s

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responsibility to keep the Court apprised of its current address at all times. Pursuant to Local

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Rule 182(f), service of documents at the record address of the party is fully effective.

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///
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The Court has reviewed the file and finds the findings and recommendations to be

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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

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ORDERED that:

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1. The findings and recommendations filed October 13, 2021, (ECF No. 25) are adopted
in full;
2. Plaintiff’s August 10, 2021 motion for default judgement, (ECF No. 23) is GRANTED
in part and DENIED in part;

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3. The Court enters judgment in favor of Plaintiff;

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4. The Court GRANTS Plaintiff’s request for statutory damages in the amount of $2,000

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but DENIES Plaintiff’s request for emotional distress damages in the amount of $25,000;
5. The Court GRANTS Plaintiff’s request for attorneys’ fees in the amount of $4,637.50
and costs in the amount of $605.00; and
6. This case is closed.
DATED: January 6, 2022

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Troy L. Nunley
United States District Judge

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