Cunningham v. Advanta Corp. et al
| Craig Cunningham |
| Advanta Corp., Dennis Alter, John F Moore, William Rosoff, Philip Browne, David Weinstock and Gary Moderim |
| 3:2008cv01794 |
| October 8, 2008 |
| US District Court for the Northern District of Texas |
| Contract: Other Office |
| Dallas |
| Ed Kinkeade |
| Irma C Ramirez |
| Plaintiff |
| Diversity |
| 28:1332 Diversity-Notice of Removal |
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Filing
47
ORDER ADOPTING 30 FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS OF THE UNITED STATES MAGISTRATE JUDGE. Plaintiff's 14 Motion to Remand is DENIED. Defendant's 6 Motion for Summary Judgment and Motion to Dismiss is GRANTED. Plaintiff' ;s claims arising under the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Texas Finance Code, and the Texas Deceptive Trade Practices Act against Defendants Advanta Corp., Dennis Alter, John Moore, Phillip Browne, David Weinstock, and William Rosoff are DISMISSED with prejudice. This case is returned to U.S. Magistrate Judge Irma C. Ramirez for further pretrial management. (Ordered by Judge Ed Kinkeade on 2/3/2009) (mfw)
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Filing
30
FINDINGS, CONCLUSIONS, AND RECOMMENDATIONS: Plaintiff's objection to the affidavit as it pertains to the activities of Advanta Bank Corp. is OVERRULED, and his motion to strike is DENIED. Defendant Advanta's objections to Plaintiff's E xhibits A, B, C, and D are SUSTAINED and the motion to strike these four exhibits is GRANTED. The Court recommends that Defendant Officers' motion to the dismiss be GRANTED as to the claims arising under the TCPA and FDCPA. Plaintiff has failed to state a claim for which relief can be granted. His state law claims arising under the Texas Finance Code and the DTPA against Defendant Advanta and Defendant Officers should be DISMISSED with prejudice. The Court recommends that Plaintiff's M otion to Remand be DENIED and Defendant's Motion for Summary Judgment and Motion to Dismiss be GRANTED.Claims against Defendant Advanta and Defendant Officers arising under the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Texas Finance Code, and the Texas Deceptive Trade Practices Act should be DISMISSED with prejudice. (See ORDER for other specifics) (Ordered by Magistrate Judge Irma C Ramirez on 1/14/2009) (mfw)
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