Basham v. Midland Funding, LLC et al

Filing 27

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Order of this Court dated June 8, 2015 24 , is amended by interlineation as follows: on page 9, line 14 Count VI is substituted for "Count VII." IT IS FURTHER ORDERED that defendants are required to answer Counts I-III (alleging violations of the Fair Debt Collection Practices Act) of the amended complaint, part of Count IV (to the extent it states violations of the Fair Debt Collection Practices Act), Count V (alleging violat ions of the Fair Credit Reporting Act and the Fair Debt Collection Practices Act), Count VI (alleging violations of the Telephone Consumer Protection Act), as well as all factual allegations and averments in the amended complaint as previously or dered in my June 8, 2015, Memorandum and Order. Part of Count IV (to the extent it alleges violations of "the State Act" or violations of something other than the FDCPA) and Counts VII (alleging "negligent training and supervision&qu ot;), VIII (alleging "reckless and wanton training and supervision"), X (alleging "respondeat superior"), and XI (alleging "wanton, malicious and intentional conduct") remain dismissed without prejudice in accordance w ith my June 8, 2015, Memorandum and Order. Count IX (to the extent it alleges defamation, libel and slander claims) remains dismissed without prejudice as previously ordered, but defendants still remain obligated to respond to the factual allegations and averments contained therein regarding her loss of income which, while not a separate claim for relief, relate to the remaining claims set out in her amended complaint. Signed by District Judge Catherine D. Perry on June 11, 2015. (MCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ANGELA BASHAM,
Plaintiff,
vs.
MIDLAND FUNDING, LLC, et al.,
Defendants.

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Case No. 4:15 CV 30 CDP

MEMORANDUM AND ORDER
Upon the Court=s own motion to correct inadvertent typographical errors and
avoid any potential confusion,
IT IS HEREBY ORDERED that the Order of this Court dated June 8, 2015
[24], is amended by interlineation as follows: on page 9, line 14 “Count VI” is
substituted for “Count VII.”
IT IS FURTHER ORDERED that defendants are required to answer
Counts I-III (alleging violations of the Fair Debt Collection Practices Act) of the
amended complaint, part of Count IV (to the extent it states violations of the Fair
Debt Collection Practices Act), Count V (alleging violations of the Fair Credit
Reporting Act and the Fair Debt Collection Practices Act), Count VI (alleging
violations of the Telephone Consumer Protection Act), as well as all factual
allegations and averments in the amended complaint as previously ordered in my

June 8, 2015, Memorandum and Order. Part of Count IV (to the extent it alleges
violations of “the State Act” or violations of something other than the FDCPA) and
Counts VII (alleging “negligent training and supervision”), VIII (alleging “reckless
and wanton training and supervision”), X (alleging “respondeat superior”), and XI
(alleging “wanton, malicious and intentional conduct”) remain dismissed without
prejudice in accordance with my June 8, 2015, Memorandum and Order. Count IX
(to the extent it alleges defamation, libel and slander claims) remains dismissed
without prejudice as previously ordered, but defendants still remain obligated to
respond to the factual allegations and averments contained therein regarding her
loss of income which, while not a separate claim for relief, relate to the remaining
claims set out in her amended complaint.

_______________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 11th day of June, 2015.

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