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Bolling Prescription Lab, Inc. v. Adelphia Supply USA, Inc.

United States District Court, N.D. Illinois

February 9, 2018

BOLLING PRESCRIPTION LAB, INC., d/b/a ROSELAND PHARMACY, individually and as the representative of a class of similarly-situated persons, Plaintiff,
v.
ADELPHIA SUPPLY USA, INC., YUDAH NEUMAN, REUVEN SOBEL, and JOHN DOES 1-10, Defendants.

          Respectfully submitted, BOLLING PRESCRIPTION LAB, INC., d/b/a ROSELAND PHARMACY, individually and as the representative of a class of similarly-situated persons, Tod A. Lewis One of its attorneys

          Tod A. Lewis (Atty # 6256282) Bock, Hatch, Lewis & Oppenheim, LLC

          PLAINTIFF'S MOTION FOR PROVE-UP AND FINAL JUDGMENT

          Hon. Manish S. Shah

         NOW COMES plaintiff, Bolling Prescription Lab, Inc. d/b/a Roseland Pharmacy (“Plaintiff”), by and through the undersigned attorneys, submits this Motion for Prove-Up and Final Judgment pursuant to Rules 55 and 58 of the Federal Rules of Civil Procedure against Defendants Adelphia Supply USA, Inc. (“Adelphia”), Yudah Neuman (“Neuman”), and Reuvan Sobel (“Sobel”) (collectively “Defendants”), jointly and severally, and in Plaintiff's favor. Additionally, Plaintiff requests that the Court enter an order enjoining Defendants from further transmitting unsolicited facsimile advertisements into the state of Illinois. In support of this motion, Plaintiff states as follows:

         BACKGROUND

         1. On February 27, 2017, Plaintiff filed this action against Defendants to secure redress for Defendants' transmission of unsolicited advertisements to telephone facsimile machines to Plaintiff, and others, in violation of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”) and the common law of conversion. ECF 1.

         2. On June 6, 2017, Plaintiff filed an Amended Class Action Complaint stating the same claims as the original complaint. ECF 9.

         3. All three Defendants have been served in this action and none of the Defendants have filed a responsive pleading, nor filed an appearance or otherwise communicated with Plaintiff or its counsel within the twenty-one day period provided by Fed.R.Civ.P. 12.

         4. On August 3, 2017, this Court entered an order of default as to all three Defendants and granted Plaintiff leave to move for prove up of damages and final judgment. ECF 16.

         5. Plaintiff seeks entry of a final judgment against Defendants in the amount of $42, 000.00 in statutory damages pursuant to the TCPA.

         6. For an itemization of damages, attached as Exhibit 1 is the Declaration of Tod A. Lewis.

         7. Attached as Exhibits A-BB to the Declaration of Tod A Lewis are the subject faxes. See also ECF 9-1 to 9-28.

         JURISDICTION ...


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