Lodge v. Cred X Debt Recovery, LLC.

Filing 11

ORDER granting 9 Motion for Default Judgment; adopting 10 Report and Recommendation and Directing Plaintiff to Submit Proposed Judgment. Signed by District Judge Thomas L. Ludington. (SGam)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
JENNIFER LODGE,
Plaintiff,

Case No. 13-11785
Honorable Thomas L. Ludington

v.
CRED X DEBT RECOVERY, LLC,
Defendant.
/
ORDER ADOPTING REPORT AND RECOMMENDATION AND GRANTING
PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT
Jennifer Lodge’s complaint alleges various claims under the Fair Debt Collection
Practices Act against Cred X Debt Recovery, LLC. Cred X was served with a summons and a
copy of the complaint on May 6, 2013, but never answered. On May 31, 2013, Lodge requested
a Clerk’s entry of default, which was filed against Cred X on June 3, 2013. On September 23,
2013, Lodge filed a motion for default judgment. Previously, all pretrial matters in this case
were referred to United States Magistrate Judge Charles E. Binder pursuant to 28 U.S.C. §
636(b)(1).
On October 15, 2013, Judge Binder issued a report recommending that Lodge’s motion
for default judgment be granted and $7,234 be awarded in damages. Although Judge Binder’s
report explicitly stated that the parties to this action may object to and seek review of the
recommendation within 14 days of service of the report, as of today’s date, neither party has filed
objections. The failure to object to Judge Binder’s report releases the Court from its duty to
independently review the record. Thomas v. Arn, 474 U.S. 140, 149 (1985). Moreover, the
failure to file objections to the report waives any further right to appeal. See Smith v. Detroit
Fed’n of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir. 1987).

Accordingly, it is ORDERED that the Judge Binder’s report and recommendation, ECF
No. 10, is ADOPTED.
It is further ORDERED that Lodge’s motion for default judgment, ECF No. 9, is
GRANTED.
It is further ORDERED that Lodge is DIRECTED to submit a proposed judgment
through the Court’s ECF utilities function by November 18, 2013.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: November 5, 2013

PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing
order was served upon each attorney or party of record
herein by electronic means or first class U.S. mail on
November 5, 2013.
s/Tracy A. Jacobs
TRACY A. JACOBS

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