Costa v. Maxwell & Morgan PC
||Maxwell & Morgan PC
||February 19, 2015
||US District Court for the District of Arizona
||Phoenix Division Office
||Neil V Wake
|Nature of Suit:
||Other Statutory Actions
|Cause of Action:
|Jury Demanded By:
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|June 3, 2015
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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