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14-4433 - Bennett v. Asset Recovery Solutions, LLC et al


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14-4433 - Bennett v. Asset Recovery Solutions, LLC et al
January 31, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS : The Court adopts the January 5, 2017 Report and Recommendation of Judge Locke as if set forth herein. Accordingly, IT IS HEREBY ORDERED that default judgment be entered (1) in favor of plaintiff against defendant on the claims for violating sections 1692c and 1692d of the FDCPA, 15 U.S.C. §§ 1692c &1692d, in the amount of $1,000.00 for statutory damages and $455.00 in costs; and it is FURTHER ORDERED that the motion for a default judgment on the claim for violation of section 1692f of the FDCPA, 15 U.S.C. § 1692f, is denied and that plaintiff recover nothing of the defendant on that claim; and it is FURTHER ORDERED that the request for attorneys fees is denied without prejudice to renew and with leave to submit further documentation or other evidence to allow the Court to assess the reasonableness of the hourly rates requested; any such renewed motion for attorneys fees must be made within the time provided for in Fed. R. Civ. P. 54(d)(2)(B). Ordered by Judge Denis R. Hurley on 1/31/2017. (Gapinski, Michele)