Molina v. Creditors Specialty Service, Inc., No. 2:2008cv02975 - Document 31 (E.D. Cal. 2010)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 2/2/10 recommending that pltf's Motion for Entry of Default Judgment 17 be GRANTED in part; judgment should rendered in the of $27,000 including statutory damag es and pltf's Motion for Attorney's fees be GRANTED in the amount of $5,815.50; within 14 days after being served with these F&R's, parties may file written objections; REFERRED to Judge Garland E. Burrell, Jr.. (Carlos, K) Modified on 2/2/2010 (Carlos, K).

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Molina v. Creditors Specialty Service, Inc. Doc. 31 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRANDY MOLINA, 11 12 Plaintiff, No. CIV S-08-2975 GEB GGH vs. 13 14 CREDITORS SPECIALTY SERVICE, INC., 15 16 17 FINDINGS AND RECOMMENDATIONS Defendant. ___________________________/ Plaintiff’s motion for entry of default judgment against defendant Creditors 18 Specialty Service, Inc. (“defendant”), and plaintiff’s motion for attorneys’ fees and costs, filed 19 September 15, 2009, were submitted on the record. Local Rule 230(h). On finding the requested 20 amount of actual damages to be unreasonable, the undersigned directed plaintiff by order of 21 January 21, 2010, to either set the matter for hearing on the amount of damages, or file a 22 statement that $25,000 in actual damages would be sufficient. Plaintiff has now filed a statement 23 indicating that $25,000 is sufficient. 24 25 26 Accordingly, in light of the findings made in the order issued January 21, 2010, IT IS HEREBY RECOMMENDED that: 1. Plaintiff’s motion for entry of default judgment (dkt. #17) be GRANTED in 1 Dockets.Justia.com 1 part. Judgment should be rendered in the amount of $27,000 (includes statutory damages). 2 3 4 2. Plaintiff’s motion for attorneys’ fees be GRANTED in the amount of $5,815.50. These findings and recommendations are submitted to the United States District 5 Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within 6 fourteen (14) days after being served with these findings and recommendations, any party may 7 file written objections with the court and serve a copy on all parties. Such a document should be 8 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the 9 objections shall be served and filed within seven (7) days after service of the objections. The 10 parties are advised that failure to file objections within the specified time may waive the right to 11 appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 12 13 DATED: 02/02/2010 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE 14 15 GGH:076/Molina2975.fr 16 17 18 19 20 21 22 23 24 25 26 2

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