Christopher Laccinole v. COVA Home Realty LLC, et al.

Summary

The United States District Court for the Eastern District of Virginia adopts a magistrate judge’s Report and Recommendation concerning Plaintiff Christopher Laccinole’s motion for default judgment against KD Homes VA, LLC and Kelly Liedtke. The court awards $19,000 in statutory damages, $402 in court costs, and post-judgment interest for violations of the Telephone Consumer Protection Act and Virginia Telephone Privacy Protection Act, and directs entry of judgment and closure of the case.

Holdings

1. When no objections are filed to a magistrate judge's report and recommendation, the district court reviews the record for clear error and may adopt the recommendation if no clear error is found. The court found no clear error and adopted the report and recommendation in full.
2. The plaintiff's motion for default judgment was granted in part and denied in part, and judgment was entered in the plaintiff's favor against KD Homes for the TCPA and VTPPA violations identified in the adopted report and recommendation.
3. The adopted recommendation awarded the plaintiff $19,000 in statutory damages, consisting of $2,500 under the TCPA and $16,500 under the VTPPA, post-judgment interest under 28 U.S.C. § 1961(a), and $402 in court costs under the VTPPA.

Questions Presented

1. Whether the court should adopt the magistrate judge's report and recommendation on the plaintiff's motion for default judgment when no party filed objections.
2. Whether judgment, statutory damages, post-judgment interest, and court costs should be entered against KD Homes based on the alleged TCPA and VTPPA violations.

Disposition

other