Gordon v. Enhanced Acquisitions LLC et al

Filing 31

ORDER Adopting Magistrate's Report and Recommendation 30 The Court will enter final judgment after pltf has submitted documentation establishing the appropriate amount of fees and costs. Signed by District Judge Nancy G. Edmunds. (CBet)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

YOLANDA GORDON,
Case No. 14-13839
Plaintiff,
Honorable Nancy G. Edmunds
v.
ENHANCED ACQUISITIONS LLC,
RODNEY A. GIOVE, SCOTT RICHMOND,
and LISA SMITH,
Defendants.
/
ORDER ACCEPTING AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND
RECOMMENDATION [30]
In a Report and Recommendation (R&R) issued on May 11, 2017 (Dkt. 30),
Magistrate Judge Steven Whalen recommends that this Court sua sponte (1) enter a
default judgment against Mr. Giovi; (2) award Plaintiff statutory damages of $1,000.00 and
emotional distress damages of $3,000.00; and (3) direct Plaintiff's counsel to provide
documentation to establish the appropriate and reasonable amount of attorney's fees and
costs to be paid by Mr. Giovi. Neither party has filed objections to the R&R, and the
deadline for doing so has passed. The parties' failure to file objections to the R&R waives
any further right to appeal. Smith v. Detroit Fed'n of Teachers Local 231, 829 F.2d 1370,
1373 (6th Cir. 1987). Furthermore, the failure to object to the R&R releases the Court from
its duty to independently review the matter. Thomas v. Arn, 474 U.S. 140, 149-50 (1985).
Nonetheless, having reviewed the R&R and the record, the Court concurs with the
Magistrate Judge's analysis and therefore ACCEPTS and ADOPTS the R&R.

Accordingly, this Court sua sponte (1) enters default judgment against Mr. Giovi; (2)
awards Plaintiff statutory damages of $1,000.00 and emotional distress damages of
$3,000.00; and (3) directs Plaintiff's counsel to provide documentation within fourteen (14)
days to establish the appropriate and reasonable amount of attorney's fees and costs to
be paid by Mr. Giovi.
This Court will enter the final judgment after Plaintiff has submitted documentation
establishing the appropriate amount of fees and costs.
SO ORDERED.
s/Nancy G. Edmunds
Nancy G. Edmunds
United States District Judge
Dated: June 1, 2017
I hereby certify that a copy of the foregoing document was served upon counsel of record
on June 1, 2017, by electronic and/or ordinary mail.
s/Carol A. Bethel
Case Manager

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