Abrahmov v. Fidelity Information Corporation

Filing 16

ORDER ADOPTING 14 REPORT AND RECOMMENDATIONS in its entirety. Plaintiff's motion for default judgment is GRANTED and judgment shall be entered against Defendant for $3,611.08, representing $500 in statutory damages and $3,111.08 in attorneys' fees and costs. The Clerk of Court is respectfully directed to enter judgment and close the case. So Ordered by Judge Nicholas G. Garaufis on 9/17/2013. (Lee, Tiffeny)

--{7

F

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

---------------------------------------------------------------------){
YARON ABRAHMOV

'

ORDER

Plaintiff,

12-CV-03453 (NGG) (SMG)

-againstFIDELITY INFORMATION CORPORATION

'

Defendant.

---------------------------------------------------------------------){

NICHOLAS G. GARAUFIS, United States District Judge.

On July 12, 2012, Plaintiff Yaron Abrahmov filed this action against Defendant Fidelity
Information Corporation, alleging violations of the Federal Debt Collection Practices Act
("FDCPA"), 15 U.S.C. § 1692 et seq. (Compl. (Dkt. 1).) On January 9, 2013, Plaintiff moved
for default judgment against Defendant. (Mot. Default J. (Dkt. 8).) The court referred this
motion to Magistrate Judge Steven M. Gold 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 August 6, 2013, Judge Gold issued an R&R, recommending that the court grant
Plaintifrs motion for default judgment and direct the entry of judgment against Defendant in the
amount of $3,611.08, representing $500 in statutory damages and $3,111.08 in attorneys' fees
and costs. (See R&R (Dkt. 14).) Pursuant to Judge Gold's Order (see id. at 9), Plaintiff filed
proof of service of the R&R upon Defendant at its last known address (see Dkt. 15).
No party has objected to Judge Gold's R&R, and the time to do so has passed. See Fed.
R. Civ. P. 72(b)(2). (See also R&R at 9.) 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 *l (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 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 R&R: Plaintiffs motion for default judgment is GRANTED and judgment
shall be entered against Defendant for $3,611.08, representing $500 in statutory damages and
$3,111.08 in attorneys' fees and costs. The Clerk of Court is respectfully directed to enter
judgment and close the case.
SO ORDERED.

s/Nicholas G. Garaufis
Dated: Brooklyn, New York
September 13:.. 2013

t.A1cHOLAs o. GARAUFIM
United States District Judge