Costa v. Maxwell & Morgan PC

Plaintiff: Allan Costa
Defendant: Maxwell & Morgan PC
Case Number: 2:2015cv00315
Filed: February 19, 2015
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Neil V Wake
Nature of Suit: Other Statutory Actions
Cause of Action: 15:1692
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
June 3, 2015 27 Opinion or Order of the Court 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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Plaintiff: Allan Costa
Represented By: Francis Robert Connelly, II(Designation Retained)
Represented By: Jonathan Adam Dessaules(Designation Retained)
Represented By: Kevin R Harper(Designation Retained)
Represented By: Douglas Clark Wigley(Designation Retained)
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Defendant: Maxwell & Morgan PC
Represented By: Julie E Maurer
Represented By: Shanna N Orlich(Designation Retained)
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