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16-265 - Garcia v. Hillcrest, Davidson and Associates LLC


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16-265 - Garcia v. Hillcrest, Davidson and Associates LLC
July 18, 2017
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REPORT AND RECOMMENDATION: the Magistrate Judge recommends that the District Court grant 12 Plaintiff's Amended MOTION for Default Judgment but defer actual entry of default judgment until after Plaintiff has submitted the appropriate supplemental briefing and documentation concerning the costs of litigation and attorneys fees for the Courts consideration in determining the proper amount to award. The Magistrate Judge further recommends that if Plaintiff fails to submit the supplemental briefing and documentation within the time specified by the District Court, then the Court should direct the Clerk to enter default judgment without an award of costs or attorneys fees, but awarding Plaintiff $1,000 in statutory damages. Any party may serve and file written objections within 14 days after being served with a copy of this Report and Recommendation. A party may respond to another partys objections within 14 days after being served with a copy. Signed by Magistrate Judge Bernardo P Velasco on 7/18/2017. (BAR)
August 11, 2017
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ORDER ADOPTING 14 REPORT AND RECOMMENDATION: IT IS ORDERED that Magistrate Judge Velasco's Report and Recommendation is ACCEPTED and ADOPTED as the findings of fact and conclusions of law by this Court. Plaintiff Paul Garcia's 12 Amended Motion for Default judgment is GRANTED. Actual entry of default judgment is deferred until Plaintiff has submitted the appropriate supplemental briefing and documentation concerning the costs of litigation and attorney's fees for the Court's consideration in determining the proper amount to award. If Plaintiff fails to submit the supplemental briefing and documentation within 30 days from the date of this order, then the Court will direct the Clerk to enter default judgment without an award of costs or attorney's fees, but shall award Plaintiff $1,000 in statutory damages. Signed by Chief Judge Raner C Collins on 8/10/17.(BAC)