Quale v. Unifund CCR Partners et al

Filing 34

ORDER ADOPTING 22 REPORT AND RECOMMENDATION. Dft Unifund CCR Partners' 6 MOTION to Dismiss is DENIED as to Count One of the Complaint & GRANTED as to Courts Two & Three of the Complaint. Counts Two & Three of the Complaint are DISMISSED w/o prejudice as to DfT Unifund CCR Partners. Signed by Chief Judge Callie V. S. Granade on 1/27/10. (copy mailed to Plf on 1/28/10) (tot) Modified on 1/28/2010 (tot).

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DAN J. QUALE, Plaintiff, v. UNIFUND CCR PARTNERS, et al., Defendants. : : : : : CIVIL ACTION NO. 09-0519-CG-M

ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that Defendant Unifund CCR Partners' Motion to Dismiss (Doc. 6) is DENIED as to Count One of the Complaint and GRANTED as to Counts Two and Three of the Complaint. It is further ORDERED that Counts Two and Three of the Complaint be and are hereby DISMISSED without prejudice as to Defendant Unifund CCR Partners. DONE and ORDERED this 27th day of January, 2010. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE