(PS) Aussieker v. TSHB, LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MARK AUSSIEKER, No. 2:22-cv-01886-DAD-CKD (PS) Plaintiff, FINDINGS AND RECOMMENDATIONS v. TSHB, LLC, ET AL., Defendants. 16 Presently pending before the court is plaintiff Mark Aussieker’s1 motion for default judgment against defendants Top Shelf Home Buyers, LLC (THSB, LLC or Top Shelf) and defendant Nico Contreras. (ECF No. 11.) Plaintiff seeks default judgment for alleged violations of the Telephone Consumer Protection Act (TCPA) and seeks an injunction. (Id. at 18, 38.)3 Plaintiff also seeks an award of trebled statutory damages, costs, punitive damages, and pre- judgment interest. (Id. at 37-38)
1 Plaintiff proceeds without the assistance of counsel. 2 This motion is referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B), Federal Rule of 25 Civil Procedure 72, and Local Rules 302(c)(19) (motions for default judgment to be resolved by magistrate judge). See also Local Rule 302(c)(21) (actions in which plaintiffs are…