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Robertson v. Pinnacle Asset Group, LLC

United States District Court, E.D. Michigan, Southern Division

June 3, 2019

ROBIN ROBERTSON, Plaintiff,
v.
PINNACLE ASSET GROUP, LLC., Defendants.

          MEMORANDUM AND ORDER GRANTING PLAINTIFF'S SECOND AMENDED MOTION FOR ENTRY OF DEFAULT JUDGMENT (DOC. 89)

          AVERN COHN UNITED STATES DISTRICT JUDGE

         I. Introduction

         This is a case under the Fair Debt Collections Practices Act (FDCPA), 15 U.S.C. §§ 1692. In 2015, plaintiff sued multiple defendants claiming violations of the FDCPA and Michigan's Occupational Code (MOC), M.C.L. §§339.915. Due to difficulties in serving many of the defendants, summons were extended. Eventually, plaintiff has dismissed all but ten (10) defendants either voluntarily or by settlement.[1] All of the 10 defendants were served. None responded. The Clerk entered defaults against each of the 10 defendants. Plaintiff now moves for entry of a final judgment by default against the 10 defendants.

         Before the Court is plaintiff's second amended motion for entry of a default judgment.[2] Plaintiff seeks a default judgment in the amount of $201, 000.00 plus costs and attorney fees (attorney fees will be moved for separately). For the reasons that follow, the motion will be granted.

         II. Background

         A. Procedural

         Plaintiff filed this action on September 30, 2015. (Doc. 1). She filed First Amended Complaint on November 18, 2015 (Doc. 3), and a Second Amended Complaint on May 22, 2017 (Doc. 16), each time adding defendants. Plaintiff seeks: (1) actual damages for items including emotional distress, mental anguish, frustration, humiliation, and embarrassment; (2) statutory damages; (3) exemplary damages under Michigan law; and (4) statutory costs and attorney fees.

         The remaining defendants are: (1) High Point Asset Inc., (2) Focus Financial Corp., (3) Keon Roman, (4) Felicia Thomas, [3] (5) Pinnacle Asset Group, LLC, (6) Michael Mancome, [4] (7) Collectors Group, (8) Consumer Financial Solutions, (9) Michael McCoy, and (10) Lajarcis Gordon.[5]

         Plaintiff served each of the ten remaining defendants and dismissed all others. Plaintiff has mailed copies of all docket entries to each remaining defendant, including Plaintiff's requests for Clerk's Entry of Default, see Docs. 35, 43, 50, and 68, as well as the Clerk's Entry of Default. See Docs. 37, 44, 52, and 69. Defendants have not answered or otherwise responded.

         B. Factual

         As set forth in plaintiff's brief and exhibits, [6] plaintiff has received abusive and harassing calls by defendants. They have also called her family members, looking for her, disparaging her, and making threats about her. And even though the alleged debts do not belong to her, the toll of the debt collection efforts against her have materially and negatively impacted her life.

         C. Damages

         Plaintiff seeks the following damages:

Statutory Damages

All Defendants, Statutory Damages - FDCPA

$ 1, 000.00

Actual Damages

High Point Defendants, Actual Damages - FDCPA

$20, 000.00

Collectors Group Defendants, Actual Damages - FDCPA

$20, 000.00

Pinnacle Defendants, Actual Damages - FDCPA

$10, 000.00

Statutory Treble Damages

High Point Defendants, MOC - Treble Actual Damages

$60, 000.00

Collectors Group Defendants, MOC - Treble Actual Damages

$60, 000.00

Pinnacle Defendants, MOC - Treble Actual Damages

$30, 000.00

Subtotal

$ 201, 000.002


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