Bennett v. Asset Recovery Solutions, LLC et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts the January 5, 2017 Report and Recommendation of Judge Locke as if set forth herein. Accordingly, IT IS HEREBY ORDERED that default judgment be entered (1) in favor of plaintiff against de fendant on the claims for violating sections 1692c and 1692d of the FDCPA, 15 U.S.C. §§ 1692c &1692d, in the amount of $1,000.00 for statutory damages and $455.00 in costs; and it is FURTHER ORDERED that the motion for a default j udgment on the claim for violation of section 1692f of the FDCPA, 15 U.S.C. § 1692f, is denied and that plaintiff recover nothing of the defendant on that claim; and it is FURTHER ORDERED that the request for attorneys fees is denied without pre judice to renew and with leave to submit further documentation or other evidence to allow the Court to assess the reasonableness of the hourly rates requested; any such renewed motion for attorneys fees must be made within the time provided for in Fed. R. Civ. P. 54(d)(2)(B). Ordered by Judge Denis R. Hurley on 1/31/2017. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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KERRY A. BENNETT, an individual,
Plaintiff,

ORDER ADOPTING R & R
Civil Action No. 14-4433(DRH)(SIL)

-againstASSET RECOVERY SOLUTIONS, LLC,
a foreign limited liability company, and
DOES, 1 to 10, inclusive,
Defendant.
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HURLEY, Senior District Judge:
Presently before the Court is the Report and Recommendation, dated January 5, 2017, of
Magistrate Judge Steven I. Locke recommending that (1) Defendant Asset Recovery Solutions LLC
be found liable of violating sections 1692c and 1692d of the FDCPA (2) Plaintiff be awarded
statutory damages in the amount of $1,000.00; (3) Plaintiff be awarded costs totalling $455.00; (3)
plaintiff’s motion for default judgment be denied as to her claim under section 1692f of the FDCPA;
and (4) plaintiff’s request for attorney’s fees be denied without prejudice and with leave to submit
further documentation or other evidence to allow the Court to assess the reasonableness of the
hourly rates requested. More than fourteen days have elapsed since service of the Report and
Recommendation and no objections have been filed.
Pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72, this Court has reviewed the Report
and Recommendation for clear error, and finding none, now concurs in both its reasoning and its
result. The Court adopts the January 5, 2017 Report and Recommendation of Judge Locke as if set
forth herein. Accordingly,

IT IS HEREBY ORDERED that default judgment be entered (1) in favor of plaintiff
against defendant on the claims for violating sections 1692c and 1692d of the FDCPA, 15 U.S.C. §§
1692c &1692d, in the amount of $1,000.00 for statutory damages and $455.00 in costs; and it is
FURTHER ORDERED that the motion for a default judgment on the claim for violation of
section 1692f of the FDCPA, 15 U.S.C. § 1692f, is denied and that plaintiff recover nothing of the
defendant on that claim; and it is
FURTHER ORDERED that the request for attorney’s fees is denied without prejudice to
renew and with leave to submit further documentation or other evidence to allow the Court to assess
the reasonableness of the hourly rates requested; any such renewed motion for attorney’s fees must
be made within the time provided for in Fed. R. Civ. P. 54(d)(2)(B).
Dated: Central Islip, N.Y.
January 31, 2017

/s/ Denis R. Hurley
Denis R. Hurley
United States District Judge