Cunningham v. Politi et al

Filing 149

MEMORANDUM ADOPTING 141 REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE. It is therefore ORDERED that Plaintiff's Motion for a Default Judgment (Dkt. # 136 ) is GRANTED IN PART and DENIED IN PART. A default judgment shall be entered for Plaintiff. Signed by District Judge Amos L. Mazzant, III on 4/8/2020. (daj, )

United States District Court
EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION

CRAIG CUNNINGHAM

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v.
JAY POLITI, ET AL.

Civil Action No. 4:18-CV-362
(Judge Mazzant/Judge Nowak)

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 Magistrate Judge pursuant to 28 U.S.C. § 636.
On January 26, 2020, the report of the Magistrate Judge (Dkt. #141) was entered containing
proposed findings of fact and recommendations that Plaintiff Craig Cunningham’s Motion for a
Default Judgment (Dkt. #136) be granted in part and denied in part, and that Plaintiff be awarded
$1,000.00 as statutory damages against Defendant Moisos Espinosa and $3,500.00 as statutory
damages against Defendants Jasmine Wicks, Jay Politi, Axis Benefit Solutions, Inc., and Axis
Advisory Group, Inc. for violations of § 227(b) of the TCPA.
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.

It is therefore ORDERED that Plaintiff’s Motion for a Default Judgment (Dkt. #136) is
GRANTED IN PART and DENIED IN PART. A default judgment shall be entered for Plaintiff.
IT IS SO ORDERED.
SIGNED this 8th day of April, 2020.

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AMOS L. MAZZANT
UNITED STATES DISTRICT JUDGE