Zontini v. Merchants Recovery Services , Inc. et al

Filing 17

OPINION AND ORDER granting #13 Motion for Default Judgment; adopting #15 Report and Recommendation. Signed by District Judge Patrick J. Duggan. (MOre)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
PATRICIA ZONTINI,
Plaintiff,
v.

Case No. 12-cv-14912
Honorable Patrick J. Duggan

MERCHANTS RECOVERY SERVICES,
INC. and GARY BEMIS,
Defendants.
__________________________________/
OPINION AND ORDER GRANTING PLAINTIFF’S MOTION FOR
DEFAULT JUDGMENT AND SCHEDULING EVIDENTIARY HEARING
Plaintiff initiated this lawsuit against Defendants on November 3, 2012,
alleging violations of the federal Fair Debt Collection Practices Act and the
Michigan Collection Practices Act. After obtaining a Clerk’s Entry of Default on
January 14, 2013, Plaintiff filed a motion for default judgment pursuant to Federal
Rule of Civil Procedure 55(b) on January 29, 2013. This Court referred the motion
to Magistrate Judge R. Steven Whalen for a report and recommendation (R&R)
pursuant to 28 U.S.C. § 636(b)(1)(B) on February 27, 2013.
On July 9, 2013, Magistrate Judge Whalen issued his R&R recommending
that this Court grant Plaintiff’s motion for default judgment and schedule an
evidentiary hearing on damages. (ECF No. 15.) At the conclusion of his R&R,
Magistrate Judge Whalen advises the parties that they may object to and seek
review of the R&R within fourteen days of service upon them. (Id. at 6.) He

further specifically advises the parties that “[f]ailure to file specific objections
constitutes a waiver of any further right to appeal.” (Id.) Neither party filed
objections to the R&R.
The Court has carefully reviewed the R&R and concurs with the conclusions
reached by Magistrate Judge Whalen.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for default judgment is
GRANTED;
IT IS FURTHER ORDERED, that an evidentiary hearing on damages is
scheduled for August 21, 2013, at 2:00 p.m. before the undersigned at the United
States District Court, Theodore Levin U.S. Courthouse, 231 W. Lafayette
Boulevard, Room 861, Detroit, Michigan. Plaintiff shall be prepared to present
competent evidence in support of her request for damages at that time;
IT IS FURTHER ORDERED, that Plaintiff shall serve a copy of this
Opinion and Order on Defendants via first-class mail at least seven (7) days prior
to the hearing and file a certificate of such service.
Dated: August 9, 2013

s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE

Copies to:
Ian B. Lyngklip, Esq.
Magistrate Judge R. Steven Whalen

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