Beauchamp et al v. Wallace et al

Filing 184

ORDER directing that the 129 motion to dismiss is denied in part and granted in part, as further set out. Signed by Honorable Judge Myron H. Thompson on 10/11/13. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

D’LIVRO BEAUCHAMP and
OBELISK HEALTHCARE, LLC,
Plaintiffs,
v.
MIKE WALLACE, et al.,
Defendants.

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CIVIL ACTION NO.
2:11cv1029-MHT
(WO)

ORDER
Based on the representations made during the on-therecord conference call held June 4, 2013, it is ORDERED
that the motion to dismiss filed by defendant De Lage
Landen Financial Services, Inc. (doc. no. 129), is denied
in part and granted in part as follows:
(1) The motion to dismiss filed by defendant De Lage
Landen Financial Services, Inc. (doc. no. 129), is denied
to the extent that the defendant seeks dismissal of the
complaint on the basis of improper service.

Defendant De

Lage Landen Financial Services, Inc., has been served,

has notice of the lawsuit, and was named as a defendant
in this case by substitution.
(2) The motion to dismiss filed by defendant De Lage
Landen Financial Services, Inc. (doc. no. 129) is granted
to

the

extent

that

the

claim

under

the

Fair

Debt

Collection Practices Act, 15 U.S.C. § 1692, is dismissed.
(3) The motion to dismiss filed by defendant De Lage
Landen Financial Services, Inc. (doc. no. 129) is granted
to the extent that the allegation of fraud is dismissed
with leave to amend the complaint in compliance with the
requirements of Federal Rule of Civil Procedure 9(b).
(4) The motion to dismiss filed by defendant De Lage
Landen

Financial

Services,

Inc.

(doc.

no.

129)

is

otherwise denied with leave to renew following amendment
of the complaint.
DONE, this the 11th day of October, 2013.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE