Myers v. Ascent Mortgage Resource Group, LLC

Filing 27

ORDER GRANTING 26 Motion for Default Judgment. Signed by Judge Nancy J. Rosenstengel on 11/6/2017. (jkb2)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ELIZABETH ANN MYERS,
Plaintiff,
vs.
PROFINITY, LLC, d/b/a MY RENT TO
OWN,
Defendant.

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Case No. 3:16-CV-1382-NJR-SCW

MEMORANDUM AND ORDER
ROSENSTENGEL, District Judge:
Pending before the Court is Plaintiff Elizabeth Myers’s Motion for Default
Judgment Against Profinity, LLC, d/b/a My Rent to Own. (Doc. 26). On February 15,
2017, Myers filed her First Amended Complaint alleging Profinity violated the
Telephone Consumer Protection Act and Illinois Consumer Fraud and Deceptive
Business Practices Act through its collection activities. (Doc. 18). The complaint alleges
Profinity made impermissible phone calls to Myers’s cellular phone using an Automated
Telephone Dialing System without permission. (Doc. 18).
Profinity’s registered agent was served through a special process server on
February 22, 2017, yet Profinity failed to answer or otherwise respond to the amended
complaint. (Doc. 26, ¶¶ 2, 4). On March 23, 2017 this Court granted an entry of default
against Profinity. (Doc. 24). Myers now moves for entry of a default judgment.
Federal Rule of Civil Procedure 55(b)(1) provides that default judgment must be
entered if the defendant fails to appear, is neither a minor nor an incompetent person,
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the plaintiff’s claim is for a sum certain (or a sum that can be made certain by
computation), and the plaintiff supplies an affidavit showing the amount due. FED. R.
CIV. P. 55(b)(1). Each of the prerequisites listed in Rule 55(b)(1) has been satisfied here.
The Clerk has properly entered default under Rule 55(a). (Doc. 24). Profinity, as a limited
liability company, is clearly not a person, let alone a minor or incompetent one. Myers
has supplied an affidavit revealing a computation that establishes the amount due to
her. (Doc. 26-1).
Accordingly, the undersigned GRANTS the Motion for Default Judgment
(Doc. 26) and DIRECTS the Clerk of Court to enter judgment in favor of Plaintiff
Elizabeth Myers, and against Defendant Profinity, in the amount of $29,902.50 (total as of
November 6, 2017); plus interest at the rate of 2% from November 6, 2017 until the date
judgment is entered. Post-judgment interest shall accrue at the legal rate pursuant to
28 U.S.C § 1961(a), shall be computed daily, and shall be compounded annually until
this judgment is satisfied in full.
IT IS SO ORDERED.
DATED: November 6, 2017
____________________________
NANCY J. ROSENSTENGEL
United States District Judge

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