Khang-Vang, Amy v. Whitelocke & Associates, LLC et al

Filing 19

ORDER granting 9 Motion for Partial Default Judgment as to Defendant Whitelocke & Associates, LLC. Signed by District Judge William M. Conley on 8/17/2018. (voc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
AMY KHANG-VANG,

ORDER
Plaintiff,
18-cv-092-wmc

v.
WHITELOCKE & ASSOCIATES, LLC,
and ROBERT FRANKLIN,
Defendants.

Defendant Whitelocke & Associates, LLC, having failed to appear, plead or otherwise
defend in this action, and default having been entered on July 23, 2018; counsel for plaintiff
having requested judgment against the defaulted defendant and having filed a proper motion
for default judgment and supporting affidavit in accordance with Federal Rule of Civil
Procedure 55; and the defendant again having failed to file any objection to the motion or
supporting materials; and the defendant having failed to appear at the hearing on plaintiff’s
motion for default judgment;
NOW, THEREFORE, IT IS ORDERED that:
1. Partial default judgment is GRANTED in favor of plaintiff Amy Khang-Vang and
against defendant Whitelocke & Associates, LLC, in the total amount of $10,820.20.
This amount consists of reasonable attorney’s fees and costs in the amount of
$9,820.201 as supported by the Third Affidavit of Michael Godbe (dkt. #17), and
statutory damages of $1,000.00 as supported by the undisputed allegations in the
complaint.

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In particular, an award of $1,000 is appropriate under 15 U.S.C.

The $74.00 cost of serving defendant Robert Franklin, who is not in default, will not be assessed

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§ 1692(a)(2)(A), because of the sum in dispute, frequency and persistence of
defendant’s noncompliant collection efforts.
2. Because Wis. Stat. § 425.304 bases its damage calculation on the amount of a
transaction’s finance charge -- the amount of which is not yet in evidence -- this court
will RESERVE judgment on those damages pending additional proof. Should plaintiff
submit an affidavit stating what the finance charge is for purposes of that statute, the
court will enter an amended order on that basis.
3. The court will further RESERVE as to whether the final judgment in the total amount
entered should be joint and several as to the remaining defendant Robert Franklin.

Entered this 17th day of August, 2018.
BY THE COURT:
/s/
WILLIAM M. CONLEY
District Judge

against Whitelocke & Associates, LLC under this partial judgment.

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