JONES v. CONSTAR FINANCIAL SERVICES, LLC

Justia Dockets & Filings Seventh Circuit Indiana Southern District JONES v. CONSTAR FINANCIAL SERVICES, LLC

JONES v. CONSTAR FINANCIAL SERVICES, LLC

Plaintiff:	PENNY M. JONES
Defendant:	CONSTAR FINANCIAL SERVICES, LLC
Case Number:	1:2018cv01187
Filed:	April 19, 2018
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Debra McVicker Lynch
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 7, 2019	Filing 33 ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS - Penny Jones believes that Constar Financial Services, LLC engaged in unlawful collection practices when it sent her a debt-collection letter informing her, among other things, tha t her account was past due and had to be paid in full. Constar claims that it is entitled to judgment on the pleadings because the language of the collection letter would not confuse an objective "unsophisticated consumer." Dkt. 22 . Findi ng that Constar's letter would not confuse a significant fraction of the population, the Court now GRANTS Constar's motion for judgment on the pleadings. Since the Court resolves this motion as a matter of law, oral argument is unnecessary . Ms. Jones's complaint may be amended "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Any leave to amend must be sought by July 8, 2019. See generally id.; S.D. Ind. L.R. 15-1. If leave to amend is not sought or is denied, the Court will dismiss this case with prejudice. See St. John v. Cach, LLC, 822 F.3d 388, 392 (7th Cir. 2016). (See Order). Signed by Judge James Patrick Hanlon on 6/7/2019. (JDH)

Date Filed

Document Text

June 7, 2019

Filing 33 ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS - Penny Jones believes that Constar Financial Services, LLC engaged in unlawful collection practices when it sent her a debt-collection letter informing her, among other things, tha t her account was past due and had to be paid in full. Constar claims that it is entitled to judgment on the pleadings because the language of the collection letter would not confuse an objective "unsophisticated consumer." Dkt. 22 . Findi ng that Constar's letter would not confuse a significant fraction of the population, the Court now GRANTS Constar's motion for judgment on the pleadings. Since the Court resolves this motion as a matter of law, oral argument is unnecessary . Ms. Jones's complaint may be amended "only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Any leave to amend must be sought by July 8, 2019. See generally id.; S.D. Ind. L.R. 15-1. If leave to amend is not sought or is denied, the Court will dismiss this case with prejudice. See St. John v. Cach, LLC, 822 F.3d 388, 392 (7th Cir. 2016). (See Order). Signed by Judge James Patrick Hanlon on 6/7/2019. (JDH)

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Defendant: CONSTAR FINANCIAL SERVICES, LLC
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Plaintiff: PENNY M. JONES
Represented By:	David S. Klain
Represented By:	Geoffrey B. McCarrell
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