Grammar v. Sharinn & Lipshie, P.C.
MEMORANDUM AND ORDER granting 24 MOTION for Sanctions of Default Judgment. In light of the full record in this case, and for the reasons stated above, the plaintiff's motion for sanctions pursuant to Rule 37(b)(2) of the Federal Rules of Civil Procedure (Docket no. 24) is granted. It is hereby ordered that the defendant's answer be stricken and that a default judgment be entered in this matter against the defendant. Within fourteen days, the plaintiff shall file and serve a memorandu m of law, proposed findings of fact, and any other documentation necessary to establish the amount of damages, including attorneys' fees and costs, to which she is entitled. The defendant shall submit any objections to the plaintiff's damages request seven days thereafter. Upon receipt of these submissions, an inquest will be scheduled. (As further set forth in this Order.) (Signed by Magistrate Judge James C. Francis on 2/8/2016) Copies Sent By Chambers. (adc)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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- against LIPSHIE,
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JAMES C. FRANCIS IV
UNITED STATES MAGISTRATE JUDGE
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entry of a
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against defendant Sharinn & Lipshie,
The plaintiff now moves
to cooperate in the discovery process.
For the reasons that Follow,
the plaintiff's motion is granted.
On Novernt)er 26,
Lipshie sent Ms.
letter announcing its intention to attempt to collect from her a
debt of $1,596.67 purportedly owed to "GE CAPITAL RETAIL BANK/Care
Credit Dental" for "personal dental services."
14; Letter of Sharrin
dated November 26,
("Debt Notice"),' attached as Exh. A to Complaint).
not indicate that the debt would accrue interest,
The letter did
stated that "no
Although Lhe plaintiff attached a copy of this letter to the
paper version of her complaint, which she filed with the court, it
was not included wt:en the plaintiff filed her complaint on the
court's Case Management/Electronic Case Filing (CM/ECF) system.
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of the Fair Debt Collection Practices Act
1692 et seq.,
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