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Dolemba v. Vision Financial Corp.

United States District Court, N.D. Illinois, Eastern Division

September 2, 2016

SCOTT DOLEMBA, individually, and HERMINIA DOLEMBA, individually and on behalf of the class described herein, Plaintiffs,
v.
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

          Mary Rowland Magistrate Judge.

PLAINTIFFS' MOTION FOR ENTRY OF JUDGMENT AND PROVE UP OF DAMAGES

          Thomas M. Durkin Judge.

         On July 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 follows:

         DEFAULT

         1. 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.

         2. 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)

         3. Plaintiffs served defendant at that address by process server on April 7, 2016. (See Docket No. 15.)

         4. 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.

         6. As of the date of this motion, defendant has neither filed an appearance, filed an answer to the complaint, nor otherwise pled.

         7. On 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).

         8. The 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 ...

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