Levy v. Law Offices Of J. Henry Nierman

Background

Shaul Levy sued the Law Offices of J. Henry Nierman, J. Henry Nierman, and Recovery of Judgment, LLC, alleging violations of the Fair Debt Collection Practices Act. In December 2022, the court entered judgment for Levy on claims under 15 U.S.C. § 1692e(5) and (13), awarded $500 in statutory damages, and referred the case to Magistrate Judge Judith C. McCarthy to determine actual damages, attorney’s fees, and costs.

After a later hearing and further proceedings, the court denied the defendants’ motion to dismiss for lack of standing and again referred the matter to Judge McCarthy. Judge McCarthy issued a Report and Recommendation proposing $8,000 in actual damages, $500 in statutory damages, $103,214.37 in attorney’s fees, and $5,924.87 in costs, for a total of $117,639.24.

Review of the Recommendation

The defendants did not object to the Report and Recommendation. When no objection is filed, the district court reviews the recommendation for clear error, meaning an obvious mistake in the record. Judge Roman stated that he found no clear error and that the evidence supported the recommended award.

Disposition

Judge Roman adopted the Report and Recommendation in its entirety. The court awarded Levy $8,000 in actual damages, $500 in statutory damages, $103,214.37 in attorney’s fees, and $5,924.87 in costs, totaling $117,639.24. The Clerk of Court was directed to enter judgment and close the case.