Free Order on Motion for Default Judgment - District Court of California - California

Case 3:07-cv-02429-MMC

Document 20

Filed 10/29/2007

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1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 v. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Under Civil Local Rule 7-3(a), any opposition was to be filed no later than October 19, 2007.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

BETTY JEAN NAPIER, Plaintiff, COLLECTION BUREAU OF AMERICA, LTD., et al., Defendants /

No. C-07-2429 MMC ORDER GRANTING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT; VACATING HEARING AND CASE MANAGEMENT CONFERENCE

United States District Court

Before the Court is plaintiff's motion for default judgment, pursuant to Rule 55(b)(2) of the Federal Rules of Civil Procedure, filed October 5, 2007. Although defendants have not appeared in the action, defendants were served with a copy of the motion, (see Attachment to Motion ("Certificate of Service by Mail") at 2), and no opposition has been filed.1 Having considered the papers filed in support of the motion, the Court deems the matter suitable for decision thereon, VACATES the November 9, 2007 hearing on the matter, and, for the reasons stated by plaintiff, GRANTS the application and awards plaintiff damages, attorney's fees and costs in the total amount of $6,075.74, as follows: 1. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded statutory damages in the

Case 3:07-cv-02429-MMC

Document 20

Filed 10/29/2007

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amount of $1,000.00. 2. Pursuant to Cal. Civil Code § 1788.17, plaintiff is awarded statutory damages in the amount of $1,000.00. 3. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded attorney's fees in the amount of $3,480.00, an amount the Court finds reasonable under the circumstances. 4. Pursuant to 15 U.S.C. § 1692k, plaintiff is awarded costs in the amount of $595.74. The Clerk is directed to enter judgment in favor of plaintiff and against defendants. In light of the foregoing, the November 2, 2007 case management conference is hereby VACATED. IT IS SO ORDERED.

Dated: October 29, 2007 MAXINE M. CHESNEY United States District Judge

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