Schmitt v. WIPFLI et al

Filing 62

ORDERED: Count V of Plaintiff's Second Amended Complaint is dismissed with prejudice. All remaining counts contained in Plaintiff's Second Amended Complaint remain in effect. Signed by Judge Sam E Haddon on 9/5/2017. (HEG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
HELENA DIVISION

FILED
SEP Ll 5 2017
Clerk, U.S Oistrict Court
District Of Montana
Helena

APRIL SCHMITT,
Plaintiff,

No. CV-16-106-H-SEH

vs.
ORDER
JOSEPH LAMPORT, JR., individually
and on behalf of Rob's Easy Auto Buy
Here/Pay Here, LLC; KATHERINE
LAMPORT, individually and on
behalf of Rob's Easy Auto Buy
Here/Pay Here, LLC; GALUSHA
HIGGINS & GALUSHA, P.C.; and
BRADLEY COOK, CPA, individually
and on behalf of GALUSHA,
HIGGINS & GALUSHA, P.C.,
Defendants.
On August 15, 201 7, Plaintiff April Schmitt requested an Order dismissing
Count V of her Second Amended Complaint 1 against Defendant Galusha, Higgins
& Galusha, P.C. ("GHG"), which alleged that GHG violated the Fair Debt

1

Doc. No. 27.

Collection Practices Act, 15 U.S.C. 1692, et. seq. 2 As of the filing of the Plaintiffs
motion, Defendants Joseph and Katherine Lamport had not responded and the
Court issued an order directing compliance with L.R. 7.1 (c)( 1). 3 On August 16,
2017, Defendants Joseph Lamport and Katherine Lamport responded stating they
do not oppose Plaintiffs Motion to Dismiss Count V against Defendant Galusha,
Higgins & Galusha, P.C. 4 Additionally, Plaintiff April Schmitt provided a
statement of compliance on August 29, 2017. 5
ORDERED:
1.

Count V of Plaintiffs Second Amended Complaint is dismissed with

prejudice.
2.

All remaining counts contained in Plaintiffs Second Amended

Complaint remain in effect.
DATED this

S

day of September, 2017.

~~~
United States District Judge

2

Doc. No. 54

3

Doc. No. 58.

4

Doc. No. 57.

5

Doc. No. 59.
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