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)

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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. 300201680v1 0993895 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 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 2 300201680v1 0993895

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