Castro et al v. Green Tree Servicing LLC
| Krisber Castro and Mario Castro |
| Green Tree Servicing LLC and Kevin Smith |
| 1:2010cv07211 |
| September 17, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| Edgardo Ramos |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
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Filing
78
OPINION AND ORDER re: 57 MOTION for Partial Summary Judgment filed by Green Tree Servicing LLC, Kevin Smith, 48 MOTION for Partial Summary Judgment filed by Mario Castro, Krisber Castro. Plaintiffs' motion for summary judgment is GRANTED in part and DENIED in part, and Defendants' motion for summary judgment is DENIED. Specifically, Plaintiffs are granted summary judgment on their (i) §§ 1692g and 1692e claims related to the September 18, 2009 letter; (ii) § 1692e cl aim related to the Privacy Notice; and (iii) § 1692e claim related to Defendants' voicemail messages. Accordingly, liability against Defendants on several of Plaintiffs' FDCPA claims is established, and damages remain for determination . The Clerk of the Court is respectfully directed to terminate the motions. Docs. 48, 57. It is further ORDERED that on or before September 13, 2013, Defendants show cause in writing as to why an Order for sanctions pursuant to Fed. R. Civ. P. 11(b)( 3) and (c) should not be issued. The parties are instructed to file their joint pre-trial order no later than September 13, 2013 and to appear for a pre-trial conference on September 20, 2013 at 11:00 am, at which a final pretrial conference date and trial date will be set. (Pretrial Order due by 9/13/2013, Pretrial Conference set for 9/20/2013 at 11:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 8/14/2013) (ft)
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