Petty v. Underwood James & Associates, LLC

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 Report and Recommendations, 9 Motion for Default Judgment, filed by Karen Petty. Plaintiffs Motion for Entry of Default Judgment Against Defendant Underwood James & Associates, LLC Pursuant to Clerks Entry of Default[Doc. #9] is GRANTED. Signed by Judge Ron Clark on 3/26/14. (cm, )

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**NOT FOR PRINTED PUBLICATION ** IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION KAREN PETTY, Plaintiff, v. UNDERWOOD JAMES & ASSOCIATES, LLC, Defendant. § § § § § § § § § § Case No. 4:13cv415 (Judge Clark/Judge Mazzant) ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Came on for consideration the report of the United States Magistrate Judge in this action, this matter having been heretofore referred to the United States Magistrate Judge pursuant to 28 U.S.C. § 636. On January 15, 2014, the report of the Magistrate Judge was entered containing proposed findings of fact and recommendations that Plaintiff’s Motion for Entry of Default Judgment Against Defendant Underwood James & Associates, LLC Pursuant to Clerk’s Entry of Default [Doc. #9] be granted. Having received the report of the United States Magistrate Judge, and no objections thereto having been timely filed, this court is of the opinion that the findings and conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s report as the findings and conclusions of the court. It is, therefore, ORDERED that Plaintiff’s Motion for Entry of Default Judgment Against Defendant Underwood James & Associates, LLC Pursuant to Clerk’s Entry of Default [Doc. #9] is GRANTED. 1 It is further ORDERED that: 1. Judgment by default is entered in favor of Plaintiff and against Defendant. 2. Plaintiff shall recover statutory damages of one thousand dollars ($1,000.00). See 15 U.S.C. § 1692k(a)(2)(A). 3. Plaintiff shall recover her attorney’s fees from Defendant in the amount of $2,749.00. 4. The court awards Plaintiff reasonable court costs of $445.00. 26 So ORDERED and SIGNED on March ___, 2014. 2

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