Cunningham v. McDonald et al

Filing 127

ORDER: The Report and Recommendation (Doc. No. 123 ) is APPROVED AND ADOPTED. The Motion for Default Judgment (Doc. No. 119 ) is GRANTED. Judgment SHALL issue in favor of Plaintiff and against Defendants VIM Holdings, Inc.; Outreach Marketing Gr oup; Secure 1 Systems, Inc.; Direct Source Media LLC; BMK Media Companies; and Gil Micra "Mike" Mardaresco, joint and severally, in the amount of $27,000. This is a final order. The Clerk shall close the file. Signed by Chief Judge Waverly D. Crenshaw, Jr on 11/28/18. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
CRAIG CUNNINGHAM,
Plaintiff,
v.
KATHY MCDONALD, et al.,
Defendants.

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NO. 3:15-cv-00215
CHIEF JUDGE CRENSHAW

ORDER
Before the Court is a Report and Recommendation from the Magistrate Judge (Doc. No.
123) recommending that the Court grant Plaintiff’s Motion for Default Judgment in this action
brought under the Telephone Consumer Protection Act, pursuant to Federal Rule of Civil
Procedure 55(b), against Defendants VIM Holdings, Inc.; Outreach Marketing Group; Secure 1
Systems, Inc.; Direct Source Media LLC; BMK Media Companies; and Gil Micra “Mike”
Mardaresco (Doc. No. 119). 1 Prior to issuing the Report and Recommendation, the Magistrate
Judge held a hearing at which Plaintiff testified, and Plaintiff also submitted an affidavit. (Doc.
No. 123 at 1.) The relevant Defendants did not appear at the hearing and, indeed, have never
answered the Complaint or otherwise participated in the litigation of this matter. (Id. at 1-2.) No
objections have been filed to the Report and Recommendation. The Court has reviewed it and
agrees with the Magistrate Judge’s conclusions. Accordingly, the Report and Recommendation
(Doc. No. 123) is APPROVED AND ADOPTED. The Motion for Default Judgment (Doc. No.
119) is GRANTED. Judgment SHALL issue in favor of Plaintiff and against Defendants VIM
Holdings, Inc.; Outreach Marketing Group; Secure 1 Systems, Inc.; Direct Source Media LLC;

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All other Defendants have previously been dismissed from this action.

BMK Media Companies; and Gil Micra “Mike” Mardaresco, joint and severally, in the amount of
$27,000. This is a final order. The Clerk shall close the file.
IT IS SO ORDERED.

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WAVERLY D. CRENSHAW, JR.
CHIEF UNITED STATES DISTRICT JUDGE

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