Borillo v. Legal Recovery Law Offices, Inc.
Filing
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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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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN JOSE DIVISION
United States District Court
Northern District of California
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JIMIL BORILLO,
Plaintiff,
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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.
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This case is an action for declaratory relief that was referred to Magistrate Judge Howard
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Lloyd. On November 1, 2016, Plaintiff moved for entry of default against Defendant because
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Defendant failed to appear or respond to the Complaint. ECF No. 8. On November 3, 2016, the
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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
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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
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Case No. 16-CV-05508-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION FOR DEFAULT
JUDGMENT
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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
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Court finds that the Report and Recommendation is well-founded in fact and in law and, therefore,
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the Court adopts the Report and Recommendation. Plaintiffs’ motion for default judgment is
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GRANTED. Pursuant to Judge Lloyd’s Report and Recommendation, the Court hereby enters a
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total judgment of $3,992.50 in favor of Plaintiffs as follows:
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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
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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.
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IT IS SO ORDERED.
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Dated: May 24, 2017
______________________________________
LUCY H. KOH
United States District Judge
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Case No. 16-CV-05508-LHK
ORDER ADOPTING REPORT AND RECOMMENDATION; GRANTING MOTION FOR DEFAULT
JUDGMENT
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