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Wilkinson v. M. Callaghan & Assoc.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


July 21, 2010

RONALD WILKINSON, PLAINTIFF,
v.
M. CALLAGHAN & ASSOC., LLC, DEFENDANT.

ORDER

Plaintiff's motion for default judgment was submitted on the papers. Upon review of the documents in support, no opposition having been filed, and good cause appearing therefor, THE COURT FINDS AS FOLLOWS:

Although the complaint in the caption states defendant's name as "M. Callaghan & Assoc., LLC," summons in this matter was issued as to "M. Callahan & Associates." Docket nos. 1, 3. The summons was served on an entity described in the proof of service as "M. Callahan & Associates, LLC." Docket no. 5. Default was entered against "M. Callahan & Associates, LLC." Docket no. 9. Under these circumstances, plaintiff's request for entry of default judgment against defendant as "M. Callaghan & Assoc., LLC" must be denied without prejudice.

If plaintiff renews the motion, proper service must be made with a correctly amended summons. See Federal Rule of Civil Procedure 4(a). In any renewed motion, plaintiff must set forth case authority for its claim of $500.00 for anticipated collection costs. See 15 U.S.C. § 1692k(a)(3); cf. Gervais v. O'Connell, Harris & Assoc., Inc., 297 F.Supp.2d 435, 440 n.1 (D. Conn. 2003) (court declined to allow anticipated collection costs).

Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for default judgment (docket no. 16) is denied without prejudice.

20100721

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