CORSON v. ACCOUNTS RECEIVABLE MANAGEMENT, INC

Filing 17

ORDER granting in part and denying in part ACCOUNTS RECEIVABLE MANAGEMENT, INC.'S 7 Motion for Judgment on the Pleadings. Pltf is GRANTED leave to file a Motion to Amend the Complaint w/in 30 days. Signed by Judge Joseph E. Irenas on 8/8/2013. (drw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY HONORABLE JOSEPH E. IRENAS CHARLES CORSON, CIVIL ACTION NO. 13-01903 (JEI/AMD) Plaintiff, v. ACCOUNTS RECEIVABLE MANAGEMENT, INC. Defendant. ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT ACCOUNTS RECEIVABLE MANAGEMENT, INC.’S MOTION FOR JUDGMENT ON THE PLEADINGS (Dkt. No. 7) APPEARANCES: WARREN LAW GROUP, P.C. By: Bruce K. Warren, Esquire 58 Euclid Street Woodbury, New Jersey 08096 Counsel for Plaintiff MAURICE & NEEDLEMAN PC By: Joann Needleman, Esquire 935 One Penn Center 1617 JFK Boulevard Philadelphia, Pennsylvania 19103 Counsel for Defendant IRENAS, Senior District Judge: This matter having appeared before the Court upon Defendant Accounts Receivable Management, Inc.’s Motion for Judgment on the Pleadings pursuant to Fed. R. Civ. P. 12(c) (Dkt. No. 7), the Court having considered the submissions of the parties, and for the reasons set forth in an Opinion issued on even date herewith, and for good cause appearing, IT IS on this 8th day of August, 2013, ORDERED THAT: (1) Defendant Accounts Receivable Management, Inc.’s Motion for Judgment on the Pleadings is hereby DENIED as to the FDCPA claims pursuant to §§ 1692d and 1692d(5) (Count I), and the common law claim for intrusion upon seclusion (Count III). (2) Defendant Accounts Receivable Management, Inc.’s Motion for Judgment on the Pleadings is hereby GRANTED as to the FDCPA claim pursuant to § 1692c(a)(1) (Count I), and the TCPA claim (Count II), and the claims are hereby DISMISSED WITH PREJUDICE. (3) Defendant Accounts Receivable Management, Inc.’s Motion for Judgment on the Pleadings is hereby GRANTED as to the FDCPA claims pursuant to §§ 1692e, 1692e(10) and 1692f (Count I), and the claims are hereby DISMISSED WITHOUT PREJUDICE. (4) Plaintiff is hereby GRANTED LEAVE within 30 days of the date of this Order, to file a Motion to Amend the 2 Complaint. The motion shall have attached to it the proposed Amended Complaint in its entirety. /s/ Joseph E. Irenas ______ Joseph E. Irenas, S.U.S.D.J. 3

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