Fasusi v. Washington Motorcars, Inc.

Filing 59

ORDER-Accordingly, the Report is fully adopted and for the reasons stated above and in the Report, plaintiff's Motion for Damages Dkt. No. 50 is GRANTED IN PART, and it is hereby ORDERED that a default judgment in the total amount of $164 ,199.01, comprised of: $9,331 in actual damages and $1,000 in statutory damages for defendant's violation of TILA; $1,000 in statutory damages and $10,000 in punitive damages for defendant's violation of the FCRA; and &# 036;142,868.01 for defendant's violation of the VCPA, be and is awarded in favor of plaintiff Joseph O. Fasusi against defendant Washington Motorcars, Inc.; and it is further ORDERED that any petition for attorney's fees limited to those re lated to the litigation of the TILA violation be filed within 14 days. The Clerk is directed to enter judgment on the issue of damages in this matter in plaintiffs favor and forward copies of this Order to counsel of record and defendant. Signed by District Judge Leonie M. Brinkema on 10/09/2018. (See order for further details). (acha, )

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division

JOSEPH O. FASUSI,
Plaintiff,

l:17-cv-812(LMB/JFA)

V,

WASHINGTON MOTORCARS,INC.,
Defendant.
ORDER

Before the Court is a Report and Recommendation ("Report")issued by a magistrate
judge on August 31,2018 [Dkt. No. 57], which recommended that plaintiff's Motion for
Damages [Dkt. No. 50] be granted in part and that the Court award plaintiff damages in the total
amount of$164, 199.01, consisting of$9,331 in actual damages and $1,000 in statutory damages
for defendant's violation ofthe Truth in Lending Act("TILA"); $1,000 in statutory damages and

$10,000 in punitive damages for defendant's violation ofthe Fair Credit Reporting Act
("FCRA"); and $142,868.01 oftrebled actual and statutory damages for defendant's violation of
the Virginia Consumer Protection Act("VCPA"). S^ Report at 21. The Report further

recommended that plaintiff be directed to file a petition for attorney's fees incurred in litigating
defendant's violation ofthe TILA. Id The parties were advised that any objections to the Report

had to be filed within 14 days and that failure to file a timely objection "waives appellate review
ofany judgment or decision based on this proposed findings offact and recommendations." Id
at 22. As of October 9,2018, no party has filed an objection. The Court has reviewed the Report,

plaintiffs Motion for Damages,and the case file and adopts the Report in full.