McPhatter v. M. Callahan & Associates, LLC

Filing 19

ORDER ADOPTING 17 AMENDED REPORT AND RECOMMENDATIONS in its entirety. Plaintiff's motion for default judgment is granted. The Clerk of Court is respectfully directed to enter judgment and close the case. So Ordered by Judge Nicholas G. Garaufis on 9/11/2013. (Lee, Tiffeny)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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BETTY MCPHATIER,

ORDER
Plaintiff,
11-CV-05321 (NGG) (LB)

-againstM. CALLAHAN & ASSOCIATES, LLC,
Defendant.

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NICHOLAS G. GARAUFIS, United States District Judge.

On November 1, 2011, Plaintiff Betty McPhatter filed this action against Defendant M.
Callahan & Associates, LLC, alleging violations of the Federal Debt Collection Practices Act
("FDCPA"), 15 U.S.C. § 1692 et seq. (Compl. (Dkt. 1).)
On January 31, 2013, Plaintiff moved for default judgment against Defendant. (Mot.
Default J. (Dkt. 10).) The court referred this motion to Magistrate Judge Lois Bloom for a report
and recommendation ("R&R") pursuant to 28 U.S.C. § 636(b)(l)(B) and Federal Rule of Civil
Procedure 72(b)(l) to address both liability and damages. (See Apr. 19, 2013, Order (Dkt. 11).)
On July 2, 2013, Judge Bloom issued an R&R, recommending Plaintiffs motion be
denied without prejudice, subject to Plaintiff submitting additional necessary information.
(Default J. R&R (Dkt. 14).) On July 3, 2013, Plaintiff submitted a request for reconsideration
(Dkt. 15), which was granted by Judge Bloom in an order withdrawing the initial R&R (Aug. 2,
2013, Order (Dkt. 16)). Subsequently, on August 5, 2013, Judge Bloom issued an Amended
R&R, recommending that the court grant Plaintiffs motion for default judgment and direct the
entry of judgment against Defendant in the amount of $5,056.75, representing $500 in actual
damages, $500 in statutory damages, and $4,056.75 in attorneys' fees and costs. (See Am. R&R

(Dkt. 17).) Pursuant to Judge Bloom's Order (see id. at 13), Plaintiff filed proof of service of the
Amended R&R upon Defendant (see Dkt. 18).
No party has objected to Judge Bloom's Amended R&R, and the time to do so has
passed. See Fed. R. Civ. P. 72(b)(2). (See also Amended R&R at 14.) Therefore, the court
reviews the Amended R&R for clear error. See Gesualdi v. Mack Excavation & Trailer Serv.,
Inc., No. 09-CV-2502 (KAM) (JO), 2010 WL 985294, at *1 (E.D.N.Y. Mar. 15, 2010); La
Torres v. Walker, 216 F. Supp. 2d 157, 159 (S.D.N.Y. 2000); cf. 28 U.S.C. § 636(b)(l). Finding
no clear error, the court ADOPTS the Amended R&R in its entirety, see Porter v. Potter, 219 F.
App'x 112 (2d Cir. 2007), and, as set forth above and in the Amended R&R: Plaintiff's motion
for default judgment is GRANTED and judgment shall be entered against Defendant for
$5,056.75, representing $500 in actual damages, $500 in statutory damages, and $4,056.75 in
attorneys' fees and costs. The Clerk of Court is respectfully directed to enter judgment and close
the case.
SO ORDERED.
Dated: Brooklyn, New York
September _!L, 2013

s/Nicholas G. Garaufis

~HCHOLAS G. GARAUFI'J
United States District Judge