Gomez v. Portfolio Recovery Associates, LLC

Filing 104

MOTION by Defendant Portfolio Recovery Associates, LLC for judgment (Mackey, Raven)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
EVELYN GOMEZ
Plaintiff-Appellee,
v.
PORTFOLIO RECOVERY ASSOCIATES,
LLC,
Defendant-Appellant.

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No.15-cv-04499
The Honorable
Samuel Der-Yeghiayan,
Judge Presiding

MOTION FOR ENTRY OF JUDGMENT
Defendant, Portfolio Recovery Associates, LLC (“Portfolio”), by undersigned
counsel, moves for entry of judgment, and in support of this motion states as follows.
1.

On July 19, 2016, the court entered an order finding that defendant, Portfolio

Recovery Associates, LLC, had violated the Fair Debt Collection Practices Act, 15 U.S.C.
§ 1692e(8), but reserving the question of damages (Docket no. 67).
2.

On March 31, 2017, the parties stipulated to the amount of damages in the

amount of $1,000, with the defendant reserving the right to appeal the underlying
liability finding (Docket no. 84).
3.

Thereafter, the parties litigated the plaintiff’s motion for attorney’s fees and

costs, resulting in an order awarding plaintiff $54,445.90, entered July 26, 2017 (Docket
no. 99).
4.

Defendant thereafter appealed within 30 days, but has discovered that no

order was ever entered pursuant to the liability finding of July 19, 2016 and the parties’

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stipulation. Nor has judgment ever been entered on a separate document as required
by Rule 58 of the Federal Rules of Civil Procedure. See Perry v. Sheet Metal Workers'
Local No. 73 Pension Fund, 585 F.3d 358, 362 (7th Cir. 2009).
Wherefore, defendant, Portfolio Recovery Associates, LLC, requests entry of a
separate judgment with respect to the plaintiff’s main claim which was determined by
the liability finding of July 19, 2016 and the subsequent stipulation of the parties.
/s/ Raven B. Mackey
One of the attorneys for defendant
-appellant, Portfolio Recovery Associates, LLC
David M. Schultz
Raven B. Mackey
Hinshaw & Culbertson LLP
222 North LaSalle Street, Suite 300
Chicago, Illinois 60601-1081
312-704-3000
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on August 28, 2017, I electronically filed with the Clerk of the
U.S. District Court, Northern District of Illinois Eastern Division, the foregoing Motion
for Entry of Judgment of Portfolio Recovery Associates, LLC by using the CM/ECF
system, which will send notification of such filing to all parties of record.

/s/ Raven B. Mackey

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