Borillo v. Legal Recovery Law Offices, Inc.

Filing 22

Order by Judge Lucy H. Koh Adopting 20 Report and Recommendation; Granting 15 Motion for Default Judgment. (lhklc2S, COURT STAFF) (Filed on 5/24/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 JIMIL BORILLO, Plaintiff, 13 14 15 16 Case No. 16-CV-05508-LHK ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION FOR DEFAULT JUDGMENT v. LEGAL RECOVERY LAW OFFICES, INC., Re: Dkt. No. 20 Defendant. 17 18 This case is an action for declaratory relief that was referred to Magistrate Judge Howard 19 Lloyd. On November 1, 2016, Plaintiff moved for entry of default against Defendant because 20 Defendant failed to appear or respond to the Complaint. ECF No. 8. On November 3, 2016, the 21 22 Clerk entered default. ECF No. 9. On February 17, 2017, Plaintiff filed a motion for default judgment. ECF No. 15. Defendant still has not appeared in this case, has not responded to the 23 24 25 26 27 28 Complaint, and has not responded to Plaintiffs’ motion for default judgment. On May 5, 2017, Judge Lloyd filed and served a Report and Recommendation, which recommended that the Court enter default judgment against Defendant. See ECF No. 20. No 1 Case No. 16-CV-05508-LHK ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION FOR DEFAULT JUDGMENT 1 2 objections have been filed, and the time to file objections has expired. See Fed. R. Civ. P. 72(b)(2). Having reviewed the Report and Recommendation, as well as the record in this case, the 3 4 Court finds that the Report and Recommendation is well-founded in fact and in law and, therefore, 5 the Court adopts the Report and Recommendation. Plaintiffs’ motion for default judgment is 6 GRANTED. Pursuant to Judge Lloyd’s Report and Recommendation, the Court hereby enters a 7 total judgment of $3,992.50 in favor of Plaintiffs as follows: 8 9 10  Plaintiff is awarded $750 in statutory damages under the FDCPA;  Plaintiff’s request for statutory damages under the Rosenthal Act is denied because the United States District Court Northern District of California 11 12 13 complaint does not assert such a claim;  Plaintiff is awarded $2,772.50 in attorney’s fees; and  Plaintiff is awarded $470.00 in costs. 14 15 IT IS SO ORDERED. 16 17 18 19 Dated: May 24, 2017 ______________________________________ LUCY H. KOH United States District Judge 20 21 22 23 24 25 26 27 28 2 Case No. 16-CV-05508-LHK ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION FOR DEFAULT JUDGMENT

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