Lucas v. Jolin et al

Filing 37

DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 31 ). (1) Plaintiff's unopposed motion for default judgment against Defendant Calvin 27 be GRANTED; (2) Defendant be directed to pay Plainti ff damages in the amount of $22,800 ($3,800 x 6 calls), with interest to be paid at the statutory rate until said judgment is satisfied. Further, Defendant Calvin and his employees, agents and aliases, and all other persons acting directly or indirectly in concert with Defendant Calvin, should be permanently enjoined from engaging in any unfair, deceptive, or unconscionable act or practice in violation of the Federal Telemarketing Sales Rule, 16 C.F.R. § 310, or the Federal Teleph one Consumer Protection Act, 47 U.S.C. § 227, or Ohio's Consumer Sales Protection Act, Ohio Rev. Code §§ 1345.01 et seq., or Ohio's Telephone Sales Solicitation Act, Ohio Rev. Code §§ 4719.01 et seq., as well as the related provisions of the Ohio Administrative Code; (3) Consistent with Plaintiff's "Notice of Voluntary Dismissal of Claims Against Starion Energy Inc," 28 , all claims be dismissed against that Defendant. Signed by Judge Timothy S. Black on 11/18/2015. (mr)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
VINCENT LUCAS,
Plaintiff,
v.
AURELIO JOLIN, et al.,
Defendants.

: Case No. 1:15-cv-108
:
: Judge Timothy S. Black
: Magistrate Judge Stephanie K. Bowman
:
:
:
:
:

DECISION AND ENTRY
ADOPTING THE REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE (Doc. 31)
This case is before the Court pursuant to the Order of General Reference in the
United States District Court for the Southern District of Ohio Western Division to United
States Magistrate Judge Stephanie K. Bowman.

Pursuant to such reference, the

Magistrate Judge reviewed the filings with this Court and, on October 29, 2015,
submitted a Report and Recommendation (Doc. 31). No objections were filed.
As required by 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b), the Court has
reviewed the comprehensive findings of the Magistrate Judge and considered de novo all
of the filings in this matter.

Upon consideration of the foregoing, the Court does

determine that such Report and Recommendation should be and is hereby adopted in its
entirety. Accordingly:
1.

The Report and Recommendation (Doc. 31) is ADOPTED;

2.

Plaintiff’s unopposed motion for default judgment against Defendant
Calvin (Doc. 27) is GRANTED;

3.

Defendant Calvin is directed to pay Plaintiff damages in the amount of
$22,800 ($3,800 x 6 calls), with interest to be paid at the statutory rate until
said judgment is satisfied. Further, Defendant Calvin and his employees,
agents and aliases, and all other persons acting directly or indirectly in
concert with Defendant Calvin, are permanently enjoined from engaging in
any unfair, deceptive, or unconscionable act or practice in violation of the
federal Telemarketing Sales Rule, 16 C.F.R. § 310, or the federal
Telephone Consumer Protection Act, 47 U.S.C. § 227, or Ohio’s Consumer
Sales Protection Act, Ohio Rev. Code §§ 1345.01 et seq., or Ohio’s
Telephone Sales Solicitation Act, Ohio Rev. Code §§ 4719.01 et seq., as
well as the related provisions of the Ohio Administrative Code; and

4.

Consistent with Plaintiff’s Notice of Voluntary Dismissal of Claims
Against Starion Energy Inc., (Doc. 28), all claims are dismissed against
Defendant Starion Energy Inc.

IT IS SO ORDERED.

Date: 11/18/15

s/ Timothy S. Black
Timothy S. Black
United States District Judge

2