Carlisle v. National Commercial Services, Inc. et al

Filing 95

ORDER APPROVING AND ADOPTING 91 Final Report and Recommendation and GRANTING 83 Motion for Default Judgment. The Clerk is directed to enter a judgment in favor of the Plaintiff and against the Defendant National Commercial Services, Inc. in the amount of $22,000.00. Signed by Judge Thomas W. Thrash, Jr. on 3/20/2017. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ROLAND CARLISLE,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:14-CV-515-TWT

NATIONAL COMMERCIAL
SERVICES, INC., et al.,
Defendants.

ORDER

This is an action seeking damages under the Fair Credit Reporting Act and the
Georgia Fair Business Practices Act. It is before the Court on the Report and
Recommendation [Doc. 91] of the Magistrate Judge recommending that the Plaintiff’s
Motion for Default Judgment [Doc. 83] be GRANTED. The Magistrate Judge did not
err in failing to recommend an award of punitive damages. As set forth in the
thorough and well-reasoned Report and Recommendation, the Plaintiff failed to show
that the Defendant acted willfully based upon the law in 2013. The Defendant’s
objections to the Report and Recommendation are entirely without merit. The
Plaintiff’s statements in his Declaration as to his own mental suffering are not hearsay.
The damages recommended are not excessive. The Court approves and adopts the
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Report and Recommendation as the judgment of the Court. The Clerk is directed to
enter a judgment in favor of the Plaintiff and against the Defendant National
Commercial Services, Inc. in the amount of $22,000.00.
SO ORDERED, this 20 day of March, 2017.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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