United States District Court, W.D. Michigan
JANET T. NEFF JUDGE.
REPORT AND RECOMMENDATION
S. CARMODY U.S. MAGISTRATE JUDGE.
matter is before the Court on Plaintiff's Revised
Application for Default Judgment (ECF No. 24), which was
referred to the undersigned by the Honorable Janet T. Neff
for report and recommendation under 28 U.S.C.
§636(b)(1)(B). The court has determined that, because of
the limited damages sought in the revised application, no
hearing on the application is required.
were returned executed as to defendants United Mediation
Services L.L.C. and Michael S. Thornton (ECF Nos. 14 and 13,
respectively). Defendants failed to answer or otherwise
plead, and default was entered pursuant to Fed.R.Civ.P. 55(a)
as to defendants United Mediation Services L.L.C. and Michael
S. Thornton on January 3, 2018 (ECF No. 19).
Tammy Castillo claims that Defendants, United Mediation
Services L.L.C., et al., repeatedly violated the Fair Debt
Collection Practices Act 15 U.S.C. § 1692, et seq., in
relation to a debt that had been previously forgiven. The
allegations in her First Amended Complaint (ECF No. 12) are
clear and specific. Defaulting defendants United Mediation
Services L.L.C. and Michael S. Thornton are not minors or
incompetent persons. As these defendants have not answered or
otherwise pled, the allegations against defendants United
Mediation Services L.L.C. and Michael S. Thornton are deemed
admitted pursuant to Fed.R.Civ.P. 8(b)(6).
rule governing default judgment is Fed.R.Civ.P. 55(b), which
reads as follows:
(b) Entering a Default Judgment.
(1) By the Clerk. If the plaintiff's claim is for a sum
certain or a sum that can be made certain by computation, the
clerk-on the plaintiff's request, with an affidavit
showing the amount due-must enter judgment for that amount
and costs against a defendant who has been defaulted for not
appearing and who is neither a minor nor an incompetent
(2) By the Court. In all other cases, the party must
apply to the court for a default judgment. A default judgment
may be entered against a minor or incompetent person only if
represented by a general guardian, conservator, or other like
fiduciary who has appeared. If the party against whom a
default judgment is sought has appeared personally or by a
representative, that party or its representative must be
served with written notice of the application at least 7 days
before the hearing. The court may conduct hearings or make
referrals- preserving any federal statutory right to a jury
trial-when, to enter or effectuate judgment, it needs to:
(A) conduct an accounting;
(B) determine the amount of damages;
(C) establish the truth of any allegation by ...