Taylor v. Midland Funding LLC et al
MEMORANDUM OF OPINION AND ORDER-re: 37 Report and Recommendation. The Court is of the opinion that the report is due to be and hereby is ADOPTED and the recommendation is ACCEPTED. Dfts' Motion to Dismiss 12 is GRANTED as to Counts IV, VII I, and XI, and DENIED as to Counts I and IX. Counts VII,X, and XV are hereby DISMISSED in accordance with the pltf's agreement to withdraw those counts. This action is to remain assigned to the magistrate judge for further proceedings. Signed by Judge L Scott Coogler on 8/6/2015. (AVC)
2015 Aug-06 PM 03:14
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDLAND FUNDING, LLC, et al., )
MEMORANDUM OF OPINION AND ORDER
On July 15, 2015, the magistrate judge filed her report and recommendation,
recommending that the defendants’ motion to dismiss be granted in part and
denied in part and that several counts in the plaintiff’s complaint be dismissed in
accordance with the plaintiff’s agreement to withdraw those counts. (Doc. 37.) No
objections to the report and recommendation were filed by either party. The
undersigned was then randomly drawn to review the report and recommendation.
Having now carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the Court is of the opinion
that the report is due to be and hereby is ADOPTED and the recommendation is
ACCEPTED. Consequently, the defendants’ motion to dismiss (Doc. 12) is hereby
GRANTED as to Counts IV (15 U.S.C § 1692e(5)), VIII (15 U.S.C. § 1692f), and
XI (invasion of privacy) of the amended complaint, and DENIED as to Counts I (15
U.S.C. § 1692d) and IX (15 U.S.C. § 1692f(1)) of the amended complaint. Counts
VII (15 U.S.C. § 1692e(11), X (15 U.S.C. § 1692g), and XV (abuse of process) of the
amended complaint are hereby DISMISSED in accordance with the plaintiff’s
agreement to withdraw those counts. This action is to remain assigned to the
magistrate judge for further proceedings not inconsistent with this opinion and
DONE and ORDERED on August 6, 2015.
L. Scott Coogler
United States District Judge
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