Winslow v. Forster & Garbus, LLP et al
| Barbara Winslow |
| Forster & Garbus, LLP, Mark A. Garbus and Forster Ronald |
| 2:2015cv02996 |
| May 22, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joan M. Azrack |
| Anne Y. Shields |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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Filing
73
ORDER denying 60 Motion for Summary Judgment; granting 66 Motion to Certify Class. As set forth in the attached order, the Defendants' Motion for Summary Judgment and Plaintiff's Motion for Class Certification are decided as follows : The statement as to the Trust's "original creditor" status violated both the FDCPA and Section 349 as a matter of law; The motion for summary judgment is denied, without prejudice, with respect to statements as to the Trust&# 039;s "authorization" to proceed with its state court action; The motion for summary judgment is denied, without prejudice, as to the liability of the Individual Defendants; The motion for summary judgment on the ground of abstenti on is denied with prejudice.Plaintiff's motion for class certification under Rules 23(b)(2) and (3) is granted.Counsel shall appear before this Court for an in person status conference at 10:30am on January 18, 2018.So Ordered by Magistrate Judge Anne Y. Shields on 12/13/2017. (Casalini, Rosalinde)
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