Ross v. Vakulskas Law Firm, PC et al

Filing 20

ORDER re 10 MOTION for Summary Judgment filed by Neiman Stone and McCormick, Vakulskas Law Firm, PC, RF Financial, LP, 19 Motion Hearing held 5/8/2012, and the briefing schedule that was set at the hearing. The court specifically requests the parties address whether a debt collector's failure to register is a violation of state law (See Order Text). Signed by Senior Judge Donald E OBrien on 5/11/2012. (des)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF IOWA
WESTERN DIVISION
LINETTE ROSS,
Plaintiff,

No. 10-CV-4100-DEO

vs.

ORDER

VAKULSKAS LAW FIRM, PC,
NEIMAN STONE AND MCCORMICK,
and RF FINANCIAL, LP,
Defendants.
____________________
The Court has had an opportunity to read the case of
Picht v. Hawks and is aware that it holds that if you violate
state law, it is an automatic violation of the Fair Debt
Collection Practices Act.

236 F.3d 446, 448 (8th Cir. 2001).

Because Plaintiff first cited Picht v. Hawks in the hearing of
May 8, 2012, the Court is persuaded both parties should have
an opportunity to brief issues raised therein.
The

Court

specifically

requests

the

parties

address

whether a debt collector’s failure to register is a violation
of state law.

Assuming arguendo it is a violation of state

law, the parties shall also address the damages Plaintiff will
be

entitled

to

pursuant

to

15

U.S.C.

Section

1692k

or

applicable Iowa law.
The Court has not made any final determinations as to any
of Plaintiff’s claims and will wait to do so until final

briefings have been received. If counsel needs more time than
that allotted pursuant to the minutes of May 8, 2012, the time
frame will be extended upon motion of counsel.
IT IS SO ORDERED this 11th day of May, 2012.

__________________________________
Donald E. O’Brien, Senior Judge
United States District Court
Northern District of Iowa

2