Baumgartner v. Brachfeld Law Group PC

Filing 16

ORDER GRANTING plaintiff's motion for leave to amend doc. 14 . The clerk is instructed to file the lodged amended complaint. Signed by Judge Frederick J Martone on 11/30/2011.(KMG)

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 AC Baumgartner, 9 Plaintiff, 10 vs. 11 12 13 Brachfeld Law Group PC, Defendant. 14 15 16 ) ) ) ) ) ) ) ) ) ) ) ) No. CV-11-1283-PHX-FJM ORDER The court has before it plaintiff’s motion for leave to file an amended complaint (doc. 14). Defendant has not responded to the motion and the time for doing so has expired. 17 Plaintiff filed his complaint on June 28, 2011 against Brachfeld Law Group, alleging 18 violations under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692. Plaintiff alleges 19 that on September 30, 2011, after filing his complaint, defendant placed a phone call to 20 plaintiff directly, attempting to negotiate a settlement, notwithstanding defendant’s 21 knowledge that plaintiff was represented by counsel. Plaintiff now seeks leave to amend the 22 complaint to add an additional violation of 15 U.S.C. § 1692c(a)(2) of the FDCPA, which 23 prohibits a debt collector from communicating with a consumer who is represented by 24 counsel with respect to such debt. 25 IT IS ORDERED GRANTING plaintiff’s motion for leave to amend (doc. 14). The 26 clerk is instructed to file the lodged amended complaint. 27 DATED this 30th day of November, 2011. 28

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