Barshay v. Specified Credit Association 1, Inc.

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATIONS : IT IS HEREBY ORDERED that the motion for default judgment be granted and judgment be entered in favor of plaintiff David Barshay and against defendant Specified Credit Associates 1, Inc. in the amount of $3,292.51 (consisting of $500.00 in statutory damages, $496.51 in costs, and $2,296.00 in attorneys fees). Ordered by Judge Denis R. Hurley on 6/28/2016. (Gapinski, Michele)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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DAVID BARSHAY,
ORDER ADOPTING R & R
Plaintiff,
15-CV-1044(DRH)(AYS)
-againstSPECIFIED CREDIT ASSOCIATES 1, INC.
Defendant.
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HURLEY, Senior District Judge:
Plaintiff commenced this action against defendant alleging violations of the Fair Debt
Collections Practices Act, 15 U.S.C. § 1692, et seq. Defendant failed to answer the complaint
and Plaintiff moved for a default judgment. By Order dated September 22, 2015 the Court
referred the motion to U.S. Magistrate Judge Anne Y. Shields, pursuant to 28 U.S.C. § 636(b)(3),
for a report and recommendation. On June 3, 2016, Judge Shields issued a Report and
Recommendation (“R&R”) that motion for default judgment be granted and judgment be entered
in favor of plaintiff against defendant in the total amount of $3,292.5, consisting of $500.00 in
statutory damages, $496.51 in costs, and $2,296.00 in attorneys’ fees. A copy of the R&R was
served upon defendants on June 8, 2016. More than fourteen days have elapsed since service of
the R&R 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. This Court adopts the June 3, 2016 R&R of Judge Shields as if set forth herein.
Accordingly,
IT IS HEREBY ORDERED that the motion for default judgment be granted and

judgment be entered in favor of plaintiff David Barshay and against defendant Specified Credit
Associates 1, Inc. in the amount of $3,292.51 (consisting of $500.00 in statutory damages,
$496.51 in costs, and $2,296.00 in attorneys’ fees).
Dated: Central Islip, N.Y.
June 28, 2016

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

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