Shoemaker v. Pinnacle Asset Group, LLC

Filing 14

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS and granting 7 Motion for Default Judgment. IT IS FURTHER ORDERED that judgment is entered in favor of Plaintiff Shoemaker and against Defendant Pinnacle in the total amount of $7,635.05. Signed by Judge Dana L. Christensen on 10/2/2012. (APP, )

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

)
)

DEBBIE SHOEMAKER,
Plaintiff,

CV 12-42-M-DLC-JCL

)

)

)
)
)

vs.
PINNACLE ASSET GROUP, LLC,

)
)

Defendant.

-----------------------)

ORDER

FILED
OCT 01 2012
PATRICK E. DUFFY. CLERK
Sy';:::IlEPUTY=-;;::;-;;C"LE"'RK"'","MI""SSO::OU:-:LA;-r-

Plaintiff Debbie Shoemaker's Fed. R. Civ. P. 55(b)(2) Motion for Default
Judgment is pending in this matter. United States Magistrate Judge Jeremiah C.
Lynch entered Findings and Recommendation on July 11, 2012, and recommended
granting Shoemaker's motion and entering judgment. Defendant did not timely
object to the Findings and Recommendation, and so has waived the right to de

-1­

novo review of the record. I 28 U.S.C. § 636(b)(I). This Court will review the
Findings and Recommendation for clear error. McDonnell Douglas Corp. v.
Commodore Bus. Mach.. Inc., 656 F.2d 1309,1313 (9th Cir. 1981). Clear error
exists if the Court is left with a "definite and firm conviction that a mistake has
been committed." United States v. Syrax, 235 F.3d 422, 427 (9th Cir. 2000).
After conducting an evidentiary hearing on June 21,2012, Judge Lynch
found that the court has jurisdiction over this matter and that the Plaintiff's service
ofthis action on Defendant was sufficient. Judge Lynch concluded that Defendant
Pinnacle's conduct in attempting to collect a debt owed by Plaintiff violated
various provision of the Fair Debt Collection Practices Act, 15 U.S.c. § 1692 et
seq., thereby subjecting Pinnacle to liability for Plaintiff Shoemaker's damages
that it caused. Further, Judge Lynch concluded that Plaintiff is entitled to an
award 0[$3,000 under 15 U.S.C. § 1692k(a)(I) to compensate her for her
emotional distress, $1,000 pursuant to 15 U.S.C. § 1692k(a)(2)(A), and her
attorney's fees and costs ofthis litigation in the amount of$3,635.05 under 15
U.S.C. § 1692k(a)(3), for a total judgment in the amount 0[$7,635.05. After a

'Defendant filed a notice of appearance by counsel Bruce M. Spencer (doc. 13) on August
13, 2012, but filed no accompanying answer, motion to set aside default, or objections to the
Findings and Recommendation. A notice of appearance alone, with no explanation of
Defcndant's failure to appear, is not enough to set aside the default in this matter.

review of Judge Lynch's Findings and Recommendation, I find no clear error.
Accordingly,
IT IS HEREBY ORDERED that Judge Lynch's Findings and
Recommendation (dkt #12) are adopted in full. Plaintiffs Motion (doc. 7) is

GRANTED.
IT IS FURTHER ORDERED that judgment is entered in favor of Plaintiff
Shoemaker and against Defendant Pinnacle in the total amount of $7,635.05 as
itemized above.
~t
Dated this rday of October, 2012.

Dana L. Christensen, District Judge
United States District Court

-3­