Park v. Shapiro & Swertfeger, LLP

Filing 24

ORDER APPROVING & ADOPTING 20 Report and Recommendations denying 3 Motion to Dismiss as moot ; denying 12 Motion to Dismiss for Failure to State a Claim. Signed by Judge Thomas W. Thrash, Jr on 2/15/2013. (ss)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
HYE PARK
on behalf of herself and all others
similarly situated,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:12-CV-1132-TWT

SHAPIRO & SWERTFEGER, LLP,
Defendant.

ORDER

This is an action under the Fair Debt Collection Practices Act. It is before the
Court on the Report and Recommendation [Doc. 20] of the Magistrate Judge
recommending denying the Defendant’s Motion to Dismiss [Doc. 12]. In her First
Amended Complaint, the Plaintiff alleges that Wells Fargo is not a creditor as defined
by the Act because it received an assignment of her note solely for purposes of debt
collection. The Magistrate Judge correctly recognized that the First Amended
Complaint must be construed in favor of the Plaintiff and that this allegation requires
the Court to deny the Motion to Dismiss. The Court approves and adopts the Report
and Recommendation as the judgment of the Court. The Defendant’s Motion to

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Dismiss [Doc. 12] is DENIED. The issue will be revisited at the summary judgment
(and perhaps Rule 11) stage of this action.
SO ORDERED, this 15 day of February, 2013.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

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