Kadlec v. James J. Standley

Filing 15

ORDER granting 14 Plaintiff's Amended Motion for Default Judgment. by Judge R. Brooke Jackson on 1/9/2014.(trlee, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge R. Brooke Jackson
Civil Action No 13-cv-02536-RBJ-BNB
WANDA KADLEC,
Plaintiff,
v.
JAMES J. STANDLEY,
Defendant.

ORDER GRANTING PLAINTIFF’S AMENDED MOTION FOR DEFAULT JUDGMENT

This cause coming to be heard on Plaintiff’s Motion for Default Judgment, upon a review
of the record this Court finds that:
1. Plaintiff, a resident of the City of Telluride, State of Colorado, filed this action on
September 17, 2013.

2. Defendant was properly served with the Summons and Complaint through a process
server on September 24, 2013.

3. Defendant has not filed a Notice of Appearance, an Answer, nor any other responsive
pleading with this Court.

4. Plaintiff properly filed this action under the Fair Debt Collection Practices Act, 15
U.S.C. § 1692, et seq. (hereinafter the “FDCPA”). Plaintiff’s Complaint alleges
violations of the FDCPA by Defendant in attempting to collect an alleged debt from
Plaintiff.
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5. On October 28, 2013, Plaintiff filed an Application for Entry of Default.

6. On November 7, 2013, the Clerk of Court found that Defendant failed to file an answer
or otherwise sufficiently plead to the Summons and Complaint filed by Federal Rules of
Civil Procedure.
7. Pursuant to Federal Rule of Civil Procedure 55(a), an Entry of Default was entered
against Defendant on November 7, 2013 by this Court.

8. The Court has reviewed the Complaint, the Declaration of Plaintiff’s counsel and
Plaintiff’s exhibit of attorney time entries for this matter.

9. The Court finds that Defendant violated the FDCPA as follows:

a. Communicating with a person other than Plaintiff and stating to such person
that Plaintiff owes an alleged debt, in violation of U.S.C. § 1692b(2);

b. Communicating with Plaintiff at her place of employment where Defendant
knew or had reason to know that her employer prohibited her from receiving such
communications, in violation of U.S.C. § 1692c(a)(3); and

c. Failing to provide the notice to Plaintiff which is required by 15 U.S.C. §
1692g.
10. Pursuant to 15 U.S.C. § 1692k(a) the Court finds that good cause is shown for each of
the violations of the FDCA by the Defendant and awards statutory damages to Plaintiff in
the amount of $1,000.

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11. Pursuant to 15 U.S.C. § 1692k(a)(3), under the FDCPA, a plaintiff can recover from a
debt collector “in the case of any successful action to enforce the foregoing liability, the
costs of the action, together with a reasonable attorney’s fee as determined by the
court…”
12. The Court has reviewed Plaintiff’s attachments to her Motion for Default Judgment,
reflecting the amount of attorneys’ fees and court costs incurred by Plaintiff in the
prosecution of this action, and copies of the time entries reflecting the work for which
Plaintiff is seeking compensation for her attorneys’ fees. The Court finds that good cause
is shown for the award of reasonable attorney fees and court costs.

Wherefore, the Court awards a judgment in favor of the Plaintiff, Wanda Kadlec, and
against Defendant, James J. Standley, as follows:
a. FDCPA Statutory Damages $1,000.00
b. Attorneys’ Fees $2,450.00
c. Court Costs $ 460.00
TOTAL $3,910.00
DATED this 9th day of January, 2014.
BY THE COURT:

___________________________________
R. Brooke Jackson
United States District Judge

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