Stickler et al v. United Recovery Systems, LP et al

Filing 52

ORDER granting 43 Motion for Judgment on the Pleadings. Oral argument, currently set for 4/19/2016 at 10:00 AM is vacated. Clerk shall enter judgment and close case. Signed by Judge Robert C. Jones on 2/16/16. (Copies have been distributed pursuant to the NEF - JC)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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MICHAEL STICKLER et al.,
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Plaintiffs,
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vs.
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UNITED RECOVERY SYSTEMS, LP et al., )
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Defendants.
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3:15-cv-0281-RCJ-VPC
ORDER

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Plaintiffs Michael and Kimberly Stickler sued United Recovery Systems, LP (“URS”),

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HSBC Bank, N.A., HSBC Auto Finance, Inc., and Santander Consumer USA, Inc. (“Santander”)

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in pro se in state court for violations of the Fair Debt Collection Practices Act (“FDCPA”), the

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Nevada Unfair Trade Practices Act (“NUPTA”), fraud, breach of the covenant of good faith and

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fair dealing (“bad faith”), and intentional infliction of emotional distress (“IIED”). (See Compl.,

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ECF No. 1, at 6). Santander removed. Santander and HSBC Defendants moved to dismiss, and

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Plaintiffs moved to amend. The Magistrate judge denied the motion to amend and deemed the

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motion to dismiss withdrawn. The Magistrate Judge granted a later motion to amend. The

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Amended Complaint (“AC”) lists URS, HSBC Defendants, Santander, NCB Management

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Services, Inc. (“NCB”), and Midland Funding (“Midland”) as Defendants on four causes of

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action: (1) FDCPA; (2) NUPTA; (3) bad faith; and (4) IIED. Defendants answered.

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Midland has moved for judgment on the pleadings, and the other Defendants have joined

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the motion. Responses were due February 10, 2016. (See Klingele Notice, ECF No. 47). As of

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February 11, 2016, Plaintiffs had not timely responded or requested any extension of time to

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respond. Plaintiffs have thereby consented to the granting of the motion. See Local R. Civ. Prac.

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7-2(d).
CONCLUSION

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IT IS HEREBY ORDERED that the Motion for Judgment on the Pleadings (ECF No. 43)
and the Joinders (ECF Nos. 46, 49) thereto are GRANTED.
IT IS FURTHER ORDERED that the oral argument currently set for 10:00 a.m.,
Wednesday, April 19, 2016 is VACATED.

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IT IS FURTHER ORDERED that the Clerk shall enter judgment and close the case.

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IT IS SO ORDERED.

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Dated this 11th day of February, 2016.
Dated this 16th day of February, 2016.

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_____________________________________
ROBERT C. JONES
United States District Judge

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