Beech v. First Franklin Corporation et al

Filing 13

ORDER denying 4 Motion to Dismiss without prejudice and directing the plaintiff to amend his complaint and file it by January 13, 2010, at 5 p.m.. Signed by Judge William R. Wilson, Jr on 12/15/09. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION HARVEY BEECH VS. FIRST FRANKLIN CORP., SELECT PORTFOLIO SERVICES, SHAPIRO and KIRSH, LLP, WELLS FARGO, NA, and D. DENISE GRIFFIN ORDER Pending is a Motion to Dismiss by Defendant Select Portfolio Servicing, Inc. ("SPS") (Doc. No. 4). Plaintiff has responded,1 and SPS has replied.2 On its face, Plaintiff's Complaint alleges violations of the Fair Debt Collection Practices Act3 and the Truth in Lending Act.4 However, the Complaint does not make clear what violations, by which Defendants, are alleged to have occurred. Plaintiff is directed to amend his Complaint and file it by January, 13, 2010, at 5 p.m. The Amended Complaint should satisfy the Federal Rules of Civil Procedure, and be properly served on all parties in accordance with the Federal Rules of Civil Procedure, or it may be dismissed. Accordingly, SPS's Motion to Dismiss (Doc. No. 4) is DENIED without prejudice. IT IS SO ORDERED this 15th day of December, 2009. /s/Wm. R. Wilson, Jr. UNITED STATES DISTRICT JUDGE 4:09CV00826-WRW PLAINTIFF

DEFENDANTS

1

Doc. No. 11. Doc. No. 12. 15 U.S.C. § 1692, et seq. 12 C.F.R. § 226

2

3

4