Parmelee v. Convergent Outsourcing, Inc.

Filing 43

ORDER granting 16 Motion to Stay. The parties are directed to notify the Court within thirty days of a decision on the pending motion for preliminary class certification in the District of Colorado; granting 19 Motion to Strike without prejudice. Defendant may file an amended answer within fourteen days of this Order. Signed by Hon. Jonathan W. Feldman on 06/29/2017. (JKT)-CLERK TO FOLLOW UP-

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

CHRISTINE PARMELEE,
Plaintiff,
ORDER
17-CV-6039

v.
CONVERGENT OUTSOURCING, INC.,
Defendant.

Plaintiff Christine Parmelee (hereinafter "plaintiff") brings
the instant action pursuant to the Fair Debt Collection Practices
Act,

alleging

that

the

defendant

violated

collection of a legally unenforceable debt.
# 1).

the

act

by

seeking

See Complaint (Docket

Presently before the Court are plaintiff's motion to strike

several of defendant's affirmative defenses pursuant to Rule 12(f)
of the Federal Rules of Civil Procedure, and defendant's motion to
stay proceedings pending certification of a nationwide class in
the District of Colorado.

See Dockets## 15, 19.

On June 23,

2017, a hearing was held and arguments were heard from counsel on
the motions.

At the conclusion of the hearing, the Court stated

its ruling on the record.

For the reasons set forth on the record,

it is hereby
ORDERED that plaintiff's motion to strike defendant's second

third,

fourth,

(Docket# 19)

fifth,

sixth,

and

ninth

affirmative

defenses

is granted without prejudice. Defendant may submit

an amended answer within fourteen days of

this Order.

It is

further
ORDERED

that

defendant's

pending certification of

a

motion

to

stay

nationwide class

the

proceedings

(Docket

#

15)

granted in the interests of judicial economy and efficiency.

is
The

parties are directed to submit a status report to the Court within
thirty days of a decision on the pending motion for preliminary

class certification in the District of Colorado.
SO ORDERED.

. FELDMAN
Uni ed States Magistrate Judge

Dated:

June 29, 2017
Rochester, New York