Costa v. Maxwell & Morgan PC
| Allan Costa |
| Maxwell & Morgan PC |
| 2:2015cv00315 |
| February 19, 2015 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Maricopa |
| Neil V Wake |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
27
ORDER that Defendant Maxwell & Morgan's Motion to Dismiss (Doc. 10 ) is granted to the extent that Costa has failed to state a claim (1) under § 1692e or § 1692f for attempting to foreclose on assessments that were previously reduce d to judgment, (2) under § 1692e for disregarding Arizona's "homestead exemption," and (3) under § 1692f for (a) failing to respond to Costa's inquiries regarding the amount of his debt or (b) ignoring A.R.S. § 3 3-1256(A)'s one-year and $1,200 thresholds. The Motion is otherwise denied. FURTHER ORDERED that Plaintiff Allan Costa is granted leave to amend his First Amended Complaint (Doc. 21 ) by 06/09/15. If by that date Costa has not submitted a second amended complaint, Maxwell & Morgan shall file an answer to the First Amended Complaint no later than 06/23/15. See order for details. Signed by Judge Neil V. Wake on 6/3/15. (NKS)
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