Lennon et al v. Allegiance Accounting Services, LLC

Filing 58

DECISION AND ORDER: For the reasons stated in this decision and in the Report & Recommendation, the plaintiffs' motion for a default judgment, Docket Item 52, is GRANTED in part and DENIED in part. The Clerk of the Court shall enter judgment in favor of the plaintiffs for the following amounts: $1,000 in damages for plaintiffs Huffman, Lennon, and Weaver; $500 in damages for plaintiff Leming; and $3,149.50 in attorney's fees and costs. The Clerk of the Court shall close the case. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/17/2023. (WMH)Clerk to Follow up by entering judgment and mailing a copy of this text order, the decision, and the judgment to Allegiance at the address on the docket, as well as 60 Lemon Street, Buffalo, NY 14204 and 1841 Seneca Street, Buffalo, NY 14210.

Case 1:19-cv-01541-LJV-LGF Document 58 Filed 01/17/23 Page 1 of 3

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
JOHN LENNON, et al.,
Plaintiffs,
v.
ALLEGIANCE ACCOUNTING
SERVICES, LLC,

19-CV-1541-LJV-LGF
DECISION & ORDER

Defendant.

On November 14, 2019, the plaintiffs—John Lennon, Tiffany Weaver, Kelly
Leming, and Brandi Huffman—commenced this action against Allegiance Accounting
Services, LLC (“Allegiance”). Docket Item 1. They allege, inter alia, that Allegiance
violated the Fair Debt Collection Practices Act (“FDCPA”) by making various unlawful
attempts to collect the plaintiffs’ personal debts. Id.
On February 12, 2020, this Court referred this case to United States Magistrate
Judge Leslie G. Foschio for all proceedings under 28 U.S.C. § 636(b)(1)(A) and (B).
Docket Item 8. On June 30, 2022, this Court accepted and adopted Judge Foschio’s
recommendation to strike Allegiance’s answer due to its failure to comply with court
orders. Docket Item 43. In that order, this Court directed the Clerk of the Court to enter
a default against Allegiance but “decline[d] to enter a default judgment . . . at th[at]
time.” Id. at 2 n.2, 3.

Case 1:19-cv-01541-LJV-LGF Document 58 Filed 01/17/23 Page 2 of 3

On August 10, 2022, the plaintiffs moved for a default judgment on their FDCPA
claims. 1 Docket Item 52. On December 20, 2022, Judge Foschio issued a Report and
Recommendation (“R&R”) finding that the plaintiffs’ motion should be granted in part
and denied in part. Docket Item 57. More specifically, Judge Foschio recommended
that each plaintiff be awarded $500 in statutory damages and that Huffman, Lennon,
and Weaver be awarded $500 in actual damages. Id. Judge Foschio also
recommended that the plaintiffs be awarded $3,149.50 in attorney’s fees and costs. Id.
The parties did not object to the R&R, and the time to do so has expired. See 28 U.S.C.
§ 636(b)(1); Fed. R. Civ. P. 72(b)(2).
A district court may accept, reject, or modify the findings or recommendations of
a magistrate judge. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). The court must
review de novo those portions of a magistrate judge’s recommendation to which a party
objects. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3). But neither 28 U.S.C. § 636
nor Federal Rule of Civil Procedure 72 requires a district court to review the
recommendation of a magistrate judge to which no objections are raised. See Thomas
v. Arn, 474 U.S. 140, 149-50 (1985).
Although not required to do so in light of the above, this Court nevertheless has
reviewed Judge Foschio’s R&R as well as the submissions to him. Based on that
review and the absence of any objections, the Court accepts and adopts Judge
Foschio’s recommendation to grant the plaintiffs’ motion for a default judgment in part
and deny it in part.

The plaintiffs do not seek a default judgment on the remaining claims in their
complaint. See Docket Item 52 at 1.
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Case 1:19-cv-01541-LJV-LGF Document 58 Filed 01/17/23 Page 3 of 3

For the reasons stated above and in the R&R, the plaintiffs’ motion for a default
judgment, Docket Item 52, is GRANTED in part and DENIED in part. The Clerk of the
Court shall enter judgment in favor of the plaintiffs for the following amounts: $1,000 in
damages for plaintiffs Huffman, Lennon, and Weaver; $500 in damages for plaintiff
Leming; and $3,149.50 in attorney’s fees and costs. The Clerk of the Court shall close
the case.

SO ORDERED.
Dated:

January 17, 2023
Buffalo, New York

/s/ Lawrence J. Vilardo
LAWRENCE J. VILARDO
UNITED STATES DISTRICT JUDGE

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