Romaine v. Portfolio Recovery Associates, LLC et al

Filing 27

MOTION by Defendants Blitt & Gaines, P.C., Portfolio Recovery Associates, LLC for judgment motion for entry of final judgment (Stein, Brandon)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
Reginald Romaine,
Plaintiff,
v.
Portfolio Recovery Associates, LLC; Blitt & Gaines,
P.C.

Case No. 1:16-cv-11192
Judge: Manish S. Shah
Magistrate Judge: Young B. Kim

Defendants.

DEFENDANTS' MOTION FOR ENTRY OF FINAL JUDGMENT
Defendants, Portfolio Recovery Associates, LLC ("PRA") and Blitt & Gaines, P.C. ("Blitt")
by and through their attorneys, David M. Schultz and Brandon S. Stein, move pursuant to Rule 58
of the Federal Rules of Civil Procedure for the entry of a final judgment. In support thereof,
Defendants state as follows:
1. Plaintiff filed this lawsuit on December 8, 2016, wherein the Complaint asserted violations
of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. ("FDCPA") against Defendants.
Dkt. #1.
2. On February 15, 2017, Defendants filed a joint motion to dismiss Plaintiff's Complaint
pursuant to Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure. Dkt. #15, 16.
3. On June 12, 2017, this Court issued an order granting Defendants' joint motion to dismiss,
and dismissed Plaintiff's complaint without prejudice for lack of subject-matter jurisdiction. Dkt.
#26.
4. This Court's June 12, 2017 order on Defendants' motion to dismiss gave Plaintiff leave to
file an amended complaint until July 5, 2017. Dkt. #26. The Court's order stated that if an amended
complaint was not filed by that date, that final judgment would be entered. Dkt. #26.
5. As of the date of the filing of this motion, no amended complaint has been filed by Plaintiff.

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6. Defendants therefore request that pursuant to this Court's June 12, 2017 order (Dkt. #26),
that this Court enter a final judgment in favor of Defendants and against Plaintiff.
WHEREFORE, Defendants, Portfolio Recovery Associates, LLC, and Blitt & Gaines, P.C.,
respectfully request that this Court enter final judgment in favor of the Defendants and against the
Plaintiff pursuant to the Court's June 12, 2017 order (Dkt. #26), and grant any other relief that this
Court deems just and equitable.
Respectfully submitted,
HINSHAW & CULBERTSON LLP
By: s/ Brandon S. Stein
Brandon S. Stein
David M. Schultz
Brandon S. Stein
Hinshaw & Culbertson LLP
222 N. LaSalle, Suite 300
Chicago, IL 60601
312-704-3000
[e-mail]
[e-mail]

CERTIFICATE OF SERVICE

I, Brandon S. Stein, an attorney, certify that I shall cause to be served a copy of the
DEFENDANTS' MOTION FOR ENTRY OF FINAL JUDGMENT upon all parties of record
electronically via the Case Management/Electronic Case Filing System (“ECF”) as indicated, on July
26, 2017.
HINSHAW & CULBERTSON LLP
/s/Brandon S. Stein

.

Brandon S. Stein
David M. Schultz
HINSHAW & CULBERTSON LLP
222 North LaSalle Street, Suite 300
Chicago, Illinois 60601
312/704-3000; 312/704-3001 – facsimile
[e-mail]
[e-mail]
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