Schopp v. Results National LLC

Filing 35

MEMORANDUM ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE for 33 Report and Recommendations, GRANTING 23 Motion for Default Judgment filed by George Kenneth Schopp. Plaintiff is awarded statutory damages under 47 U.S.C. §§ 227(b)(1)(A)(iii), 227(c), and 227(b)(3)(C) in the amount of $42,000.00, comprised of $21,000.00, for fourteen willful violations of the TCPA's Do Not Call provisions, and $21,000.00, for fourteen willful violation s of the TCPA's auto-dialer provisions for calls made to cell phones. Additionally, Plaintiff is entitled to an award of attorneys' fees in the amount of $590.00. Signed by District Judge Amos L. Mazzant, III on 10/30/2018. (baf, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

GEORGE KENNETH SCHOPP,
Plaintiff,
v.
RESULTS NATIONAL, LLC,
Defendant.

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CIVIL ACTION NO. 4:16-CV-890
JUDGE MAZZANT/JUDGE JOHNSON

MEMORANDUM ADOPTING REPORT AND
RECOMMENDATION OF 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 October 4, 2018, the Report of the Magistrate Judge (the
“Report”) was entered containing proposed findings of fact and recommendation (Dkt.
#33) that Plaintiff George Kenneth Schopp’s (“Plaintiff”) Revised Motion for Default Judgment
Against Defendant Results National, LLC (Dkt. #23) be granted. In the Report, the Magistrate
Judge also ordered Plaintiff to submit notice of service of the Report on Defendant Results
National, LLC. See Dkt. #33 at 9. Plaintiff entered a notice confirming service of the
Report on Defendant Results National, LLC, on October 9, 2018. See Dkt. #34.
Having received the Report of the United States Magistrate Judge, and no objections
thereto having been timely filed, the 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. Therefore, Plaintiff’s Revised Motion for Default Judgment Against
Defendant Results National, LLC (Dkt. #23) is GRANTED, as follows:
Plaintiff is awarded statutory damages under 47 U.S.C. §§ 227(b)(1)(A)(iii), 227(c), and
227(b)(3)(C) in the amount of $42,000.00, comprised of $21,000.00, for fourteen willful
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violations of the TCPA’s Do Not Call provisions, and $21,000.00, for fourteen willful violations
of the TCPA’s auto-dialer provisions for calls made to cell phones. Additionally, Plaintiff is
entitled to an award of attorneys’ fees in the amount of $590.00.
IT IS SO ORDERED.
SIGNED this 30th day of October, 2018.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE

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