Sivongxay v. Medcah, Inc.

Sivongxay v. Medcah, Inc.

Plaintiff:	Maryann Sivongxay
Defendant:	Medcah, Inc.
Case Number:	1:2016cv00415
Filed:	July 28, 2016
Court:	US District Court for the District of Hawaii
Office:	Hawaii Office
County:	Honolulu
Presiding Judge:	KEVIN S.C. CHANG
Presiding Judge:	DERRICK K. WATSON
Nature of Suit:	Truth in Lending
Cause of Action:	15 U.S.C. § 1692
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
November 7, 2017	Filing 87 ORDER (1) GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO VIOLATIONS 1-3 OF THE COUNT I AND AS TO VIOLATIONS 1-5 OF COUNT II; AND (2) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO VIOLATIONS 1-3 OF COUNT 1 re 44 , 46 , 73 - Signed by JUDGE DERRICK K. WATSON on 11/7/2017. "MEDCAH has met its summary judgment burden on all of Sivongxay's interest- related claims under the FDCPA and HRS. Because the underlying agreements either did no t provide a fixed rate of interest or provided for a higher rate, MEDCAH did not violate federal or state law when it applied interest at the statutory rate of 10% per annum under HRS § 478-2. Moreover, MEDCAH is entitled to summary jud gment on Sivongxay's claims relating to MEDCAH's account numbering system and credit reporting practices. The Court GRANTS Defendant's Motion for Partial Summary Judgment as to Violations 13 of Count I and Violations 15 of Coun t II (Dkt. No. 44 ) and DENIES Plaintiff's Motion for Partial Summary Judgment as to Violations 13 of Count I(Dkt. No. 46 )." Note: MEDCAH's motion to strike, ECF No. 73 , is DENIED. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

Date Filed

Document Text

November 7, 2017

Filing 87 ORDER (1) GRANTING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO VIOLATIONS 1-3 OF THE COUNT I AND AS TO VIOLATIONS 1-5 OF COUNT II; AND (2) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO VIOLATIONS 1-3 OF COUNT 1 re 44 , 46 , 73 - Signed by JUDGE DERRICK K. WATSON on 11/7/2017. "MEDCAH has met its summary judgment burden on all of Sivongxay's interest- related claims under the FDCPA and HRS. Because the underlying agreements either did no t provide a fixed rate of interest or provided for a higher rate, MEDCAH did not violate federal or state law when it applied interest at the statutory rate of 10% per annum under HRS § 478-2. Moreover, MEDCAH is entitled to summary jud gment on Sivongxay's claims relating to MEDCAH's account numbering system and credit reporting practices. The Court GRANTS Defendant's Motion for Partial Summary Judgment as to Violations 13 of Count I and Violations 15 of Coun t II (Dkt. No. 44 ) and DENIES Plaintiff's Motion for Partial Summary Judgment as to Violations 13 of Count I(Dkt. No. 46 )." Note: MEDCAH's motion to strike, ECF No. 73 , is DENIED. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

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Plaintiff: Maryann Sivongxay
Represented By:	Justin A. Brackett
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Defendant: Medcah, Inc.
Represented By:	David J. Minkin
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