Brewer v. Dynamic Recovery Services Inc

Filing 69

ORDER directing the Clerk to enter a default judgment against Defendant in the amount of $5,000 in actual and statutory damages to Plaintiff for his harassment claims under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., plus $25,000 in attorneys' fees and costs. Signed by Honorable Joseph F. Anderson, Jr. on 06/20/2014. (bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
JOHN BREWER, on behalf of himself
and all others similarly situated
Plaintiff

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v.
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DYNAMIC RECOVERY SERVICES, INC.
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Defendant.
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______________________________________ )

CASE NO. 3:13-CV-286-JFA

ORDER

This case came before the Court on the Court’s May 20, 2014 order (Doc. 61) directing
J.D. Shade, President of Defendant Dynamic Recovery Services, Inc., to appear for hearing and
show cause why the Court should not issue an order of contempt for Defendant’s failure to
comply with the Court’s April 8, 2014, discovery order. (Doc. 52). Mr. Shade did not appear, a
further contempt.
Defendant has also continued in its failure to comply with the Court’s order of January
24, 2014, directing Defendant to obtain new counsel to appear on its behalf because Defendant is
a corporation and cannot represent itself. (Doc. 38). This failure to participate resulted in the
entry of a default against Defendant. (Doc. 47).
The Court has inherent authority to impose sanctions for Defendant’s contempts. United
States v. United Mine Workers of America, 330 U.S. 258, 302-06 (1947). In light of the
foregoing,
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The Court hereby directs the Clerk to enter a default judgment against Defendant

in the amount of $5,000 in actual and statutory damages to Plaintiff for his harassment claims
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under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., plus $25,000 in
attorneys’ fees and costs. The Fair Debt Act expressly provides that a prevailing plaintiff may
recover actual damages, statutory damages, attorneys’ fees and costs. 15 U.S.C. § 1692k.
IT IS SO ORDERED.

June 20, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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