Aljahmi v. Ability Recovery Services, LLC s

Filing 22

ORDER Adopting 21 Report and Recommendation re 19 Motion for Default Judgment filed by Fatmah Aljahmi. In accordance with the recommendations in theMagistrate Judges R & R, the Court will conduct an evidentiary hearing to ascertain the amounts owed by Defendant to Plaintiff in damages, attorney fees, and costs. Signed by District Judge Marianne O. Battani. (KDoa)

Case 2:17-cv-13772-MOB-DRG ECF No. 22 filed 07/20/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FATMAH ALJAHMI,
Plaintiff,
Case No. 17-13772
v.
Hon. Marianne O. Battani
ABILITY RECOVERY SERVICES, LLC,
Defendant.
_____________________________________/
ORDER ADOPTING MAGISTRATE
JUDGE’S REPORT AND RECOMMENDATION
In a report and recommendation ("R & R") dated April 13, 2020, Magistrate
Judge David R. Grand recommends that the Court grant a renewed motion for default
judgment filed by Plaintiff Fatmah Aljahmi. In support of this underlying motion, Plaintiff
notes that the Clerk of the Court entered the default of Defendant Ability Recovery
Services, LLC on July 19, 2018, based on Defendant’s failure to file an answer to
Plaintiff’s complaint or otherwise defend against the claims asserted by Plaintiff in this
suit. Plaintiff therefore contends that the factual allegations of her complaint should be
deemed admitted by Defendant, and in light of these admissions, she seeks the entry of
a default judgment in her favor and against Defendant on her federal claim under the
Fair Debt Collection Practices Act, as well as her two claims brought under Michigan
law.
As observed in the Magistrate Judge’s R & R, the Defendant firm has failed to
appear at any point in this action, and it likewise failed to file a response in opposition to

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Plaintiff’s present motion. In addition, Defendant has not lodged any objections to the R
& R, and the deadline for doing so has passed. Accordingly, having reviewed the R & R
and the remainder of the record, this Court fully concurs in the Magistrate Judge’s
analysis and recommended disposition of Plaintiff’s motion.
For these reasons, the Court ADOPTS the Magistrate Judge’s April 13, 2020
report and recommendation (Dkt. 21), and GRANTS Plaintiff’s October 2, 2019 renewed
motion for default judgment (Dkt. 19). In accordance with the recommendations in the
Magistrate Judge’s R & R, the Court will conduct an evidentiary hearing to ascertain the
amounts owed by Defendant to Plaintiff in damages, attorney fees, and costs.
IT IS SO ORDERED.
Date: July 20, 2020

s/Marianne O. Battani
MARIANNE O. BATTANI
United States District Judge

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