HOOVER v. MONARCH RECOVERY MANAGEMENT, INC.

Justia Dockets & Filings Third Circuit Pennsylvania Eastern District HOOVER v. MONARCH RECOVERY MANAGEMENT, INC.

HOOVER v. MONARCH RECOVERY MANAGEMENT, INC.

Plaintiff:	ANGELA HOOVER
Defendant:	MONARCH RECOVERY MANAGEMENT, INC.
Case Number:	5:2011cv04322
Filed:	July 5, 2011
Court:	US District Court for the Eastern District of Pennsylvania
Office:	Allentown Office
County:	Lancaster
Presiding Judge:	CYNTHIA M. RUFE
Nature of Suit:	Consumer Credit
Cause of Action:	15 U.S.C. § 1692
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
August 24, 2012	Filing 31 ORDER THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR THAT PORTION OF COUNT I ALLEGING A VIOLATION OF & #167; 1692D, GENERALLY, § 1692E, AND § 1692F OF THE FAIR DEBT COLLECTION PRACTICES ACT 1 ("FDCPA").IT IS FURTHER ORDERED THAT THE PORTION OF COUNT I OF PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF § 1692D, GENERALLY, § 1692(E) AND § 1692F OF THE FDCPA IS DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR THAT PORTION OF COUNT I ALLEGING A VIOLATION OF THE FDCPA GENERALLY AND THAT PORT ION OF COUNT I ALLEGING THAT DEFENDANT ACTED IN AN OTHERWISE DECEPTIVE, UNFAIR AND UNCONSCIONABLE MANNER AND FAILED TO COMPLY WITH THE FDCPA. IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR COUNT II O F PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF THE TELEPHONE CONSUMER PROTECTION ACT 2. IT IS FURTHER ORDERED THAT COUNT II OF PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT, IN ALL OTHER RESPECTS, DEFENDANT 'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL SEPTEMBER 17, 2012 TO FILE AN AMENDED COMPLAINT IN ORDER TO ATTEMPT TO STATE CLAIMS UNDER § 1692C(B) AND § 1692G OF THE FDCPA, AND TO CLARIFY THAT PORTION OF COUNT I OF PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF THE FDCPA GENERALLY AND ALLEGING THAT DEFENDANT ACTED IN AN OTHERWISE DECEPTIVE, UNFAIR AND UNCONSCIONABLE MANNER AND FAILED TO COMPLY WITH THE FDCPA. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 8/24/12. 8/24/12 ENTERED AND COPIES E-MAILED.(er, )

Date Filed

Document Text

August 24, 2012

Filing 31 ORDER THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED IN PART AND DENIED IN PART. IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR THAT PORTION OF COUNT I ALLEGING A VIOLATION OF & #167; 1692D, GENERALLY, § 1692E, AND § 1692F OF THE FAIR DEBT COLLECTION PRACTICES ACT 1 ("FDCPA").IT IS FURTHER ORDERED THAT THE PORTION OF COUNT I OF PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF § 1692D, GENERALLY, § 1692(E) AND § 1692F OF THE FDCPA IS DISMISSED WITH PREJUDICE.IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR THAT PORTION OF COUNT I ALLEGING A VIOLATION OF THE FDCPA GENERALLY AND THAT PORT ION OF COUNT I ALLEGING THAT DEFENDANT ACTED IN AN OTHERWISE DECEPTIVE, UNFAIR AND UNCONSCIONABLE MANNER AND FAILED TO COMPLY WITH THE FDCPA. IT IS FURTHER ORDERED THAT DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS IS GRANTED FOR COUNT II O F PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF THE TELEPHONE CONSUMER PROTECTION ACT 2. IT IS FURTHER ORDERED THAT COUNT II OF PLAINTIFF'S COMPLAINT IS DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED THAT, IN ALL OTHER RESPECTS, DEFENDANT 'S MOTION FOR JUDGMENT ON THE PLEADINGS IS DENIED. IT IS FURTHER ORDERED THAT PLAINTIFF SHALL HAVE UNTIL SEPTEMBER 17, 2012 TO FILE AN AMENDED COMPLAINT IN ORDER TO ATTEMPT TO STATE CLAIMS UNDER § 1692C(B) AND § 1692G OF THE FDCPA, AND TO CLARIFY THAT PORTION OF COUNT I OF PLAINTIFF'S COMPLAINT ALLEGING A VIOLATION OF THE FDCPA GENERALLY AND ALLEGING THAT DEFENDANT ACTED IN AN OTHERWISE DECEPTIVE, UNFAIR AND UNCONSCIONABLE MANNER AND FAILED TO COMPLY WITH THE FDCPA. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 8/24/12. 8/24/12 ENTERED AND COPIES E-MAILED.(er, )

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Defendant: MONARCH RECOVERY MANAGEMENT, INC.
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Plaintiff: ANGELA HOOVER
Represented By:	CRAIG THOR KIMMEL
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