Elkins v. Diversified Collection Services, Inc.

Defendant: Diversified Collection Services, Inc. and Bank of America, N.A.
Plaintiff: Stevie Elkins
Case Number: 5:2013cv00927
Filed: January 16, 2013
Court: West Virginia Southern District Court
Office: Beckley Office
County: Raleigh
Presiding Judge: Irene C. Berger
Nature of Suit: Contract: Other
Cause of Action: 28:1441 Petition For Removal--Other Contract
Jury Demanded By: Plaintiff

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Date Filed#Document Text
July 15, 2013 35 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER: The Court does hereby ORDER that Bank of America, N.A.'s 19 Motion to Dismiss Plaintiff's Amended Complaint and Defendant Diversified Collection Services, Inc.'s 21 Partial Joinder in Defendant Bank o f America, N.A.'s Motion to Dismiss Plaintff's Amended Complaint be GRANTED IN PART AND DENIED IN PART. Specifically, the Court ORDERS that BANA's motion be GRANTED as to Count One (WVCCPA Violations). Inasmuch as Defendant Diversifi ed did not seek relief from Count One, the claim survives against Defendant Diversified. Moreover, the Court ORDERS that both Defendants' motion to dismiss Count Two (Negligence) be GRANTED. Further, the Court ORDERS that BANA's motion to dismiss Count Four (Invasion of Privacy) of the First Amended Complaint be GRANTED. Consequently, Count Two is DISMISSED and Count Four as to BANA only is DISMISSED. Finally, the Court ORDERS that the instant motions be DENIED as to the remaining alleged claims. Signed by Judge Irene C. Berger on 7/15/2013. (cc: attys; any unrepresented party) (msa)

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Defendant: Diversified Collection Services, Inc.
Represented By: Nicholas P. Mooney, II
Represented By: Bruce M. Jacobs
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Defendant: Bank of America, N.A.
Represented By: Victoria L. Wilson
Represented By: Carrie Goodwin Fenwick
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Plaintiff: Stevie Elkins
Represented By: Paul O. Clay, Jr.
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