KIMMEL et al v. PHELAN HALLINAN & SCHMIEG, PC et al

Filing 17

ORDER THAT DEFENDANT PHS's MOTION TO DISMISS FOR IMPROPER VENUE IS DENIED. DEUTSCHE BANK AND ASC's MOTION TO DISMISS IN WHICH PHS JOINED IS GRANTED IN PART. COUNT I OF THE KIMMELS' COMPLAINT IS DISMISSED AS TO ALL DEFENDANTS. COUNTS II I, IV, V AND VI OF THE KIMMELS' COMPLAINT ARE DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS AND BY 3/9/12, THE KIMMELS ARE GRANTED LEAVE TO FILE AN AMENDED COMPLAINT. SIGNED BY HONORABLE STEWART DALZELL ON 2/28/12. 2/29/12 ENTERED AND COPIES E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MURRAY H. KIMMEL, et al.
v.
PHELAN HALLINAN &
SCHMIEG, PC, et al.

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CIVIL ACTION

NO. 11-2596

ORDER
And now, this 28th day of February, 2012, upon
consideration of plaintiffs Murray H. and Dolores T. Kimmel’s
(“the Kimmels’”) complaint (docket entry # 1), defendant Phelan
Hallinan & Schmieg, PC’s (“PHS’s”) motion to dismiss for improper
venue (docket entry # 4) and supplemental brief in support
thereof (docket entry # 10), defendants America’s Servicing Co.
(“ASC”) and Deutsche Bank National Trust Company’s (“Deutsche
Bank’s”) motion to dismiss (docket entry # 5), the Kimmels’
responses in opposition to defendants’ motions to dismiss (docket
entries # 11 and 12), PHS’s January 11, 2012 letter, and the
Kimmels’ memorandum in opposition to PHS’s supplemental brief
(docket entry # 14), and upon the analysis set forth in the
accompanying Memorandum, it is hereby ORDERED that:
1.

Defendant PHS’s motion to dismiss for improper

venue (docket entry # 4) is DENIED;
2.

Deutsche Bank and ASC’s motion to dismiss, in

which PHS joined (docket entry # 5), is GRANTED IN PART;

3.

Count I of the Kimmels’ complaint (docket entry #

1) is DISMISSED as to all defendants;
4.

Counts III, IV, V, and VI of the Kimmels’

complaint are DISMISSED WITH PREJUDICE as to all defendants; and
5.

By March 9, 2012, the Kimmels are GRANTED LEAVE TO

FILE an amended complaint asserting revised claims under the
FDCPA and FCEUA only, to which defendants shall RESPOND by March
23, 2012.

BY THE COURT:
__\s\Stewart Dalzell

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