IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Education Credit Management

Corporation,

Plaintiff

 v.

The Higher Peaks Learning Academy,

Inc.,

Defendant

:

:

:

:

:

Civil Action 2:12-cv-00015

Judge Sargus

Magistrate Judge Abel

Report and Recommendation

This matter was set for a damages hearing before the Magistrate Judge on

October 18, 2012 at 2:00 p.m. Notice of the hearing was served on defendant The Higher

Peaks Learning Academy, Inc., Yolanda Peaks-Bell, CEO and Executive Director, The

Higher Peaks Learning Academy, Inc., and Lynchelle Boswell, Director, The Higher

Peaks Learning Academy, Inc. Counsel for plaintiff appeared, but no representative of 

The Higher Peaks Learning Academy, Inc. appeared.

Pursuant to 20 U.S.C. § 1095(a)(6), Educational Credit Management Corporation

is entitled to recover the amount that defendant has failed to withhold from the

borrower’s wages since the date of the withholding order, plus attorneys’ fees, costs,

and punitive damages. Since November 8, 2010, defendant has been under a legal duty to

withhold and remit to Educational Credit Management Corporation 15% of the borrower’s

1

Case: 2:12-cv-00015-EAS-MRA Doc #: 14 Filed: 10/29/12 Page: 1 of 3 PAGEID #: <pageID>
disposable income, and defendant has failed to withhold and remit to Educational Credit

Management Corporation 15% of the borrower’s disposable income.

The Magistrate Judge RECOMMENDS that JUDGMENT be entered in favor of

plaintiff in the amount of $8,625.001

 in addition to $5,611.00 in attorney fees and $557.73

in costs. 

Defendant Higher Peaks Learning Academy and Yolanda Peaks-Bell,

individually and as CEO and Executive Director of The Higher Peaks Learning

Academy, are DIRECTED to submit to plaintiff and to the Court a sworn statement of

Yolanda Peaks’ wages since November 8, 2010 and to produce copies of her W-2s and

pay stubs on or before November 16, 2012.

The Magistrate Judge also RECOMMENDS that the Court hold defendant

Higher Peaks Learning Academy and Yolanda Peaks-Bell, individually and as CEO and

Executive Director of the Higher Peaks Learning Academy, in civil contempt and issue

an arrest warrant for Peaks-Bell to be held in custody until Yolanda Peaks-Bell complies

with all orders of the Court unless The Higher Peaks Learning Academy provides the

Court with the record of Yolanda Peaks-Bell’s wages since November 8, 2010, including

all W-2s for her and all checks written with Yolanda Peaks-Bell as the payee on or

before November 16, 2012.

1

This amount assumes that borrower Yolanda Peaks has earned an annual salary

of $30,000 since November 8, 2010. Based on that assumption, defendant Higher Peaks

Learning Academy owes plaintiff $8,625.00 in addition to plaintiff’s attorney fees and

costs.

2

Case: 2:12-cv-00015-EAS-MRA Doc #: 14 Filed: 10/29/12 Page: 2 of 3 PAGEID #: <pageID>
The Magistrate Judge further RECOMMENDS that the Court enjoin defendant

Higher Peaks Learning Academy and Yolanda Peaks-Bell to comply in future wage

garnishment and that the Court maintains jurisdiction over this case to enforce the

injunction.

The Clerk of Court is DIRECTED to mail a copy of this Order to Yolanda PeaksBell, CEO and Executive Director, The Higher Peaks Learning Academy, Inc., 2775

Cleveland Avenue, Columbus, Ohio 43224.

If any party objects to this Report and Recommendation, that party may, within

fourteen (14) days, file and serve on all parties a motion for reconsideration by the

Court, specifically designating this Report and Recommendation, and the part thereof

in question, as well as the basis for objection thereto. 28 U.S.C. §636(b)(1)(B); Rule 72(b),

Fed. R. Civ. P.

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to de novo review by the District

Judge and waiver of the right to appeal the judgment of the District Court. Thomas v.

Arn, 474 U.S. 140, 150-152 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981);

United States v. Sullivan, 431 F.3d 976, 984 (6th Cir. 2005); Miller v. Currie, 50 F.3d 373,

380 (6th Cir. 1995). Even when timely objections are filed, appellate review of issues not

raised in those objections is waived. Willis v. Sullivan, 931 F.2d 390, 401 (6th Cir. 1991).

s/ Mark R. Abel 

United States Magistrate Judge 

3

Case: 2:12-cv-00015-EAS-MRA Doc #: 14 Filed: 10/29/12 Page: 3 of 3 PAGEID #: <pageID>