Kenney v. International Recovery Partners & Associates, LLC
Kenney v. International Recovery Partners & Associates, LLC
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE
JEFFREY KENNEY, ) ) Case No. 3:19-cv-465 Plaintiff, ) ) Judge Travis R. McDonough v. ) ) Magistrate Judge Debra C. Poplin INTERNATIONAL RECOVERY ) PARTNERS & ASSOCIATES, LLC, ) ) Defendant. )
ORDER
On July 6, 2020, United States Magistrate Judge Debra C. Poplin filed her report and recommendation (Doc. 21) pursuant to
28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b). Magistrate Judge Poplin recommended that the Court grant Plaintiff Jeffrey Kenney’s motion for default judgment against Defendant International Recovery Partners & Associates, LLC (Doc. 19); adjudge that Defendant violated
15 U.S.C. § 1692(e)(5) of the Fair Debt Collection Practices Act (“FDCPA”); enter a default judgment in the amount of $500 for statutory damages under the FDCPA; award Plaintiff $675 in attorney’s fees; and award Plaintiff $400.00 in court costs. (Doc. 21, at 1, 9–10.) Neither party filed objections to the Magistrate Judge’s report and recommendation.1
1 Magistrate Judge Poplin specifically advised the parties that they had fourteen days to object to the report and recommendation and that failure to do so would waive their right to appeal. (Doc. 21, at 9 n.2); see Fed. R. Civ. P. 72(b)(2); see also Thomas v. Arn,
474 U.S. 140, 148–51 (1985) (noting that “[i]t does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither The Court has reviewed the report and recommendation, as well as the record, and agrees with Magistrate Judge Poplin’s well-reasoned conclusions. Accordingly, the Court ACCEPTS and ADOPTS the report and recommendation (Doc. 21). The Court GRANTS Plaintiff’s motion for default judgment against Defendant (Doc. 19); ADJUDGES that Defendant violated
15 U.S.C. § 1692(e)(5); AWARDS Plaintiff statutory damages of $500.00; AWARDS Plaintiff
$675.00 in attorney’s fees; and AWARDS Plaintiff $400.00 in court costs. AN APPROPRIATE JUDGMENT WILL ENTER.
/s/ Travis R. McDonough TRAVIS R. MCDONOUGH UNITED STATES DISTRICT JUDGE
party objects to those findings”). Even taking into account the three additional days for service provided by Fed. R. Civ. P. 6(d), the period to timely file any objections has expired.
Reference
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