United States District Court, N.D. Illinois, Eastern Division
SCOTT DOLEMBA, individually, and HERMINIA DOLEMBA, individually and on behalf of the class described herein, Plaintiffs,
VISION FINANCIAL CORP., Defendant.
Michelle A. Alyea Daniel A. Edelman Cathleen M. Combs, James
O. Latturner Cassandra P. Miller Michelle A. Alyea EDELMAN,
COMBS, LATTURNER & GOODWIN, LLC
Rowland Magistrate Judge.
PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT AND
PROVE UP OF DAMAGES
M. Durkin Judge.
13, 2016, the Court entered a default order in favor of
plaintiff Scott Dolemba and Herminia Dolemba
(“Plaintiffs”) and against defendant Vision
Financial Corporation (“Defendant”). Although
this case was originally filed as a class case, Plaintiffs
are only seeking entry of a default judgment for their
individual claims and not their claims on behalf of a class.
Plaintiffs respectfully request that this Court enter
judgment in their favor and against Defendant in the amount
of $1, 000.00 for Scott Dolemba, $6, 000 for Herminia
Dolemba, $6, 627.00 in attorney's fees, and $442.61, for
costs of suit. In support thereof Plaintiffs state as
Plaintiffs filed their complaint on March 24, 2016, to secure
redress from collection practices of Vision Financial Corp.
They allege violations of the Fair Debt Collection Practices
Act, 15 U.S.C. §1692 et seq. (“FDCPA”), and
the Telephone Consumer Protection Act, 47 U.S.C. §227
(“TCPA”). Plaintiff Scott Dolemba alleges
Defendant is a debt collector that violated 15 U.S.C.
§1692g of the FDCPA by failing to send the notice
required by § 1692g within 5 days of defendant first
contacting plaintiff. Plaintiff Herminia Dolemba alleges
Defendant violated the TCPA by using an automated dialer to
call her cell phone without her consent.
Defendant Vision Financial Corp., is a New York corporation
with its principal office located at 5301 East State Street,
Lower Level, Rockford, Illinois 61108. (Exhibit A)
Plaintiffs served defendant at that address by process server
on April 7, 2016. (See Docket No. 15.)
Fed.R.Civ.P. 12(a)(1) requires a defendant to serve an answer
to a complaint “within 21 days after being served with
the summons and complaint.” 5. Defendant was required
to appear and serve an answer to plaintiff's complaint on
or before April 28, 2016.
of the date of this motion, defendant has neither filed an
appearance, filed an answer to the complaint, nor otherwise
June 21, 2016, Plaintiffs filed a motion for entry of default
(See Docket No. 18), which this Court granted on
July 13, 2016 (See Docket No. 20).
complaint alleges that Defendant violated the Fair Debt
Collections Practices Act, 15 U.S.C. § 1692g
(“FDCPA”) in that:
a. Defendant is engaged in the business of a collection
agency, using the mails and telephone to collect consumer