Romeo et al v. FMA Alliance, Ltd.
| Deborah Arpino, Christopher Motz and Louis Romeo |
| FMA Alliance, Ltd. |
| 2:2015cv06524 |
| November 13, 2015 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R. Lindsay |
| Arthur D. Spatt |
| Consumer Credit |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
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Filing
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MEMORANDUM OF DECISION AND ORDER: Based on the foregoing (PLEASE SEE ORDER FOR FURTHER DETAILS), the Defendants motion to dismiss the complaint is granted in part and denied in part. The Court grants the motion to dismiss the complaint under Rule 12( b)(1) with respect to Romeo on the ground that he lacks standing, and thus the Court lacks subject matter jurisdiction over his claims. The Court also grants the motion to dismiss the complaint with respect to Arpino on the ground that she is barred by principles of judicial estoppel from pursuing her claims. However, the Court denies the motion to dismiss with respect to Motz. The Court also denies without prejudice the Defendants application for an award of attorneys fees and costs. Accordingl y, the Defendant is directed to file a response to the complaint within 20 days of the date of this Order, and the matter is referred to United States Magistrate Judge Arlene R. Lindsay for discovery. Finally, the Clerk of the Court is respectfully d irected to amend the official caption of this matter as follows: CHRISTOPHER MOTZ, individually and on behalf of all others similarly situated, Plaintiff, -against- FMA ALLIANCE, LTD., Defendant. It is So Ordered by Judge Arthur D. Spatt on 6/30/2016. (Deborah Arpino (individually and on behalf of all others similarly situated) and Louis Romeo terminated.) (Ortiz, Grisel)
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