Peterson v. LVNV FUNDING LLC

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THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
SHERMAN DIVISION
RAPHEAL PETERSON
v.
LVNV FUNDING LLC
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CIVIL NO. 4:24-CV-312-SDJ-BD
MEMORANDUM ADOPTING THE REPORT AND
RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Came on for consideration the report of the United States Magistrate Judge in
this action, this matter having been heretofore referred to the Magistrate Judge
pursuant to 28 U.S.C. § 636. On January 27, 2026, the Magistrate Judge entered
proposed findings of fact and a recommendation (the “Report”), (Dkt. #22), that
Plaintiff Rapheal Peterson’s Motion for Default Judgment, (Dkt. #11), be denied and
that Defendant LVNV Funding LLC’s Motion to Dismiss or, alternatively, Motion to
Set Aside Default, (Dkt. #16), be granted in part and denied in part.
Having received the Report of the United States Magistrate Judge, and no
timely objections being filed, the Court is of the opinion that the findings and
conclusions of the Magistrate Judge are correct and adopts the Magistrate Judge’s
Report as the findings and conclusions of the Court.
It is therefore ORDERED that Plaintiff’s Motion for Default Judgment,
(Dkt. #11), is DENIED.
It is FURTHER ORDERED that Defendant LVNV Funding LLC’s Motion to
Dismiss or, alternatively, Motion to Set Aside Default, (Dkt. #16), is GRANTED to
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the extent it asks the court to set aside the default and DENIED to the extent it
requests dismissal.
It is FURTHER ORDERED that the clerk set aside the entry of default
against LVNV Funding LLC, (Dkt. #13).
It is FURTHER ORDERED that Peterson properly serve LVNV Funding
LLC within 21 days.
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