Silva v. Coast to Coast Financial Solutions, Inc.

Filing 25

ORDER that the Recommendation of United States Magistrate Judge dated September 15, 2015 ECF No. 24 is AFFIRMED and ADOPTED. It is FURTHER ORDERED that the Clerk of Court shall enter judgment in Plaintiffs favor against Defendant Coast to Coast Financial Solutions, Inc. for violations of the Fair Debt Collection Practices Act. It is FURTHER ORDERED that Plaintiff shall file with this Court an accounting of damages she believes are recoverable based on her claims, including damages, reasonable attorneys fees, and costs, pursuant to 15 U.S.C. § 1692k(a), no later than Friday, November 20, 2015.. by Judge Wiley Y. Daniel on 10/21/2015.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 14-cv-02584-WYD-KMT
MARISOL SILVA,
Plaintiff,
v.
COAST TO COAST FINANCIAL SOLUTIONS, INC., a California corporation,
Defendant.

ORDER AFFIRMING AND ADOPTING RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

THIS MATTER is before the Court in connection with Magistrate Judge Kathleen
M. Tafoya’s sua sponte Recommendation of United States Magistrate Judge (ECF No.
24) (“Recommendation”), issued on September 15, 2015, which is incorporated herein
by reference. See 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b).
Magistrate Jugde Tafoya recommends that default judgment be entered against
Defendant Coast to Coast Financial Solutions, Inc., and in favor of Plaintiff Marisol
Silva, and that Plaintiff file an accounting of damages she believes are recoverable
based on her claims.
On May 14, 2015, Defendant’s counsel’s Motion to Withdraw as Attorney of
Record (ECF No. 17) was granted by Magistrate Judge Tafoya. The Defendant
corporation was advised that it could not appear without counsel admitted to the bar of
this court, and that Defendant must obtain counsel and file an entry of appearance on or
before June 4, 2015. Minute Order (ECF. No. 20). Defendant was notified that failure

to obtain substitute counsel by that date could result in the striking of pleadings and
papers, the entering of a default judgment against it, and other sanctions under
D.C.Colo.LAttyR 5(b). Id. Defendant did not obtain substitute counsel.
On June 26, 2015, Magistrate Judge Tafoya entered an order, instructing
Defendant to show cause in writing, by and through legal counsel, why default judgment
should not be entered against it. Recommendation, p. 2. Defendant did not respond to
the order.
Magistrate Judge Tafoya advised the parties that written objections were due
within fourteen (14) days after service of the Recommendation. Id. at 3-4. Despite this
advisement, no objections were filed to the Recommendation. No objections having
been filed, I am vested with discretion to review the Recommendation “under any
standard [I] deem[] appropriate.” Summers v. Utah, 927 F.2d 1165, 1167 (10th Cir.
1991); see also Thomas v. Arn, 474 U.S. 140, 150 (1985) (stating that “[i]t does not
appear that Congress intended to require district court review of a magistrate's factual
or legal conclusions, under a de novo or any other standard, when neither party objects
to those findings”). Nonetheless, though not required to do so, I review the
Recommendation to “satisfy [my]self that there is no clear error on the face of the
record.” 1 See Fed. R. Civ. P. 72(b) Advisory Committee Notes.
Having reviewed the Recommendation, I am satisfied that there is no clear error
on the face of the record. I agree with Magistrate Judge Tafoya’s finding that a default
judgment against Defendant Coast to Coast Financial Solutions, Inc. is appropriate in

1

Note, this standard of review is something less than a "clearly erroneous or contrary to law"
standard of review, Fed. R. Civ. P. 72(a), which in turn is less than a de novo review, Fed. R. Civ. P.
72(b).

this matter. I further agree with the recommendation that Plaintiff file an accounting of
damages that she believes are recoverable based on her claims. Accordingly, it is
ORDERED that the Recommendation of United States Magistrate Judge dated
September 15, 2015 (ECF No. 24) is AFFIRMED and ADOPTED. It is
FURTHER ORDERED that the Clerk of Court shall enter judgment in Plaintiff’s
favor against Defendant Coast to Coast Financial Solutions, Inc. for violations of the
Fair Debt Collection Practices Act. It is
FURTHER ORDERED that Plaintiff shall file with this Court an accounting of
damages she believes are recoverable based on her claims, including damages,
reasonable attorney’s fees, and costs, pursuant to 15 U.S.C. § 1692k(a), no later than
Friday, November 20, 2015.

Dated: October 21, 2015
BY THE COURT:
s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge