United States District Court, W.D. North Carolina, Statesville Division
ORDER OF DEFAULT JUDGMENT
RICHARD L. VOORHEES, UNITED STATES DISTRICT JUDGE
MATTER IS BEFORE THE COURT on Plaintiff Marilyn Deal's
Motion and Memorandum in Support of Default Judgment and
Attorneys' Fees (“Motion for Default
Judgment”) against Defendants Trinity Hope Associates,
LLC and Tabatha Mullis. (Doc. 15). Plaintiff asserts causes
of action under the Fair Debt Collection Practices Act (15
U.S.C. § 1692 et seq.). (Doc. 1 at 1 (Compl.
¶¶ 1, 2)).
has been entered against both Defendants. Neither Defendant
responded to the Complaint or otherwise appeared in this
action. (See Docs. 11, 12). Plaintiff represents
that Defendants are neither minors nor incompetent persons
and that the Service Members Civil Relief Act does not apply.
(Doc. 15 at 2). Plaintiff's Motion for Default Judgment
is ripe for determination.
reasons stated below, the Court will GRANT the Motion for
Default Judgment (Doc. 15).
filed this action on July 15, 2016, seeking damages for
Defendants' alleged violation of the Fair Debt Collection
Practices Act (“FDCPA”). (Doc. 1 at 4 (Compl.
¶¶ 11, 12)). Plaintiff also named DOE 1-5 in her
Complaint but voluntarily dismissed the action as to DOE 1-5
pursuant to Fed.R.Civ.P. 41(a). (Doc. 14).
Trinity Hope Associates, LLC (“Trinity Hope”) was
served with the Complaint on July 26, 2016, but did not file
an Answer or otherwise respond. (See Doc. 6).
Defendant Tabatha Mullis (“Mullis”) was served
with the Complaint the same day but did not file an Answer or
otherwise respond. (See Doc. 7). On September 19,
2016, Plaintiff filed Motions for Entry of Default against
Trinity Hope (Doc. 9) and Mullis (Doc. 10). Plaintiff's
counsel certified that both Defendants were served with the
respective Motions for Entry of Default. (Doc. 9 at 2; Doc 10
at 2). Neither Defendant responded. The Clerk filed an Entry
of Default against Defendant Trinity Hope and against
Defendant Mullis on September 22, 2016. (Docs. 11, 12).
January 24, 2017, Plaintiff filed her Motion for Default
Judgment. (Doc. 15). Plaintiff seeks relief in the form of an
award of damages in the amount of $4, 787.50, consisting of
$1, 000.00 in statutory damages and $3, 787.50 in
attorneys' fees. (Doc. 15 at 11).
STANDARD OF REVIEW
motion for default judgment is governed by Rule 55 of the
Federal Rules of Civil Procedure. Upon a showing that a party
against whom judgment is sought has failed to plead or
otherwise defend, the clerk must enter the party's
default. Fed.R.Civ.P. 55(a). After the clerk has entered a
default, the plaintiff may seek a default judgment.
See Fed. R. Civ. P. 55(b). Defendants have not moved
to set aside either Entry of Default.
a court can enter default judgment, the plaintiff must
satisfy the requirements of Rule 54(c) and Rule 55 of the
Federal Rules of Civil Procedure. A default judgment must not
differ in kind from, or exceed in amount, what is demanded in
the pleadings. Fed.R.Civ.P. 54(c). The entry of a default
judgment pursuant to Fed.R.Civ.P. 55(b)(2) is left to the
sound discretion of the court. See U.S. Commodity Futures
Trading Comm'n v. PMC Strategy, LLC, 903 F.Supp.2d
368, 375 (W.D. N.C. 2012).
MOTION FOR DEFAULT JUDGMENT
consequence of the clerk's entry of a default is that
“the factual allegations of the complaint, except those
relating to the amount of damages, will be taken as
true.” S.E.C. v. Marker, 427
F.Supp.2d 583, 586 (M.D. N.C. 2006). Accordingly, because
Defendants have failed to respond or otherwise defend against
Plaintiff Deal's claims, the following facts are
• Plaintiff Deal is a “natural person”
residing within the Western District of North ...