Valdez v. Paul Law Offices

Filing 17

ORDER REGARDING 11 Plaintiff's Motion for Default Judgment - The instant motion for default judgment is taken OFF CALENDAR. The motion is DENIED WITHOUT PREJUDICE to allow plaintiff to gather any factual support to establish that defendant Paul Law Offices is the responsible party and to resubmit the motion. Order signed by Magistrate Judge Dennis L. Beck on 2/22/2010. (Hernandez, M)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 On November 23, 2009, Plaintiff Patricia Valdez ("Plaintiff") filed the present motion for 18 default judgment against Defendant Paul Law Offices ("Defendant"). The motion was referred to this 19 Court pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. The matter was heard on February 20 19, 2010, before the Honorable Dennis L. Beck, United States Magistrate Judge. Nicholas Bontrager 21 appeared telephonically on behalf of Plaintiff. Defendant did not appear. 22 Plaintiff filed the underlying complaint for violation of the Fair Debt Collection Practices Act 23 (15 U.S.C. § 1692 et seq.) ("FDCPA") against Defendant Paul Law Offices on August 3, 2009. 24 According to the Complaint, Defendant Paul Law Offices ("Defendant") is a debt collector seeking to 25 collect a consumer debt from Plaintiff. Plaintiff alleges that Defendant constantly and continuously 26 places collection calls to Plaintiff demanding payment for a credit card that Plaintiff did not open and 27 28 1 ) ) ) Plaintiff, ) ) ) ) vs. ) ) PAUL LAW OFFICES, ) ) ) ) Defendant. ) ____________________________________) PATRICIA VALDEZ, 1:09cv01353 OWW DLB ORDER REGARDING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT (Document 11) IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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does not owe. Defendant places calls to Plaintiff both from "unknown" telephone numbers and from telephone numbers identified by caller ID as 801-466-2130. As discussed at the hearing, however, Plaintiff asserts no factual allegations to indicate that the caller was from the Defendant law firm. Plaintiff has identified no facts to show that Defendant was responsible for the calls. Accordingly, the instant motion for default judgment is taken OFF CALENDAR. The motion is DENIED WITHOUT PREJUDICE to allow Plaintiff to gather any factual support to establish that Defendant Paul Law Offices is the responsible party and to resubmit the motion.

IT IS SO ORDERED. Dated: 3b142a

February 22, 2010

/s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE

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