BERK v. J.P. MORGAN CHASE BANK, N.A. et al

Filing 40

ORDER THAT DEFTS' MOTIONS TO DISMISS PLFF'S AMENDED COMPLAINT ARE GRANTED IN PART & DENIED IN PART, ETC. MOTION TO EXTEND TIME FOR MOTION FOR CLASS CERTIFICATION IS DENIED AS MOOT.SIGNED BY HONORABLE BERLE M. SCHILLER ON 9/23/11. 9/26/11 ENTERED AND COPIES E-MAILED.(kw, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

HAROLD R. BE~ individually
and on behalf of a class similarly
situated,
Plaintiff,

CIVIL ACTION

v.
J.P. MORGAN CHASE BANK,
N.A., et aI.,
Defendants.

No. 11-2715

ORDER
AND NOW, this 23 rd day ofSeptember,2011, upon consideration ofDefendants JPMorgan
Chase Bank, N.A., JPMorgan Chase & Co., and Chase Auto Finance Corporation's Motion to
Dismiss Plaintiffs Amended Complaint with prejudice and Strike Class Allegations (Document No.
21 ), Defendant Accounts Receivable Management Inc.' s Motion to Dismiss the Plaintiff s Amended
Complaint and Strike Class Allegations (Document No. 22), Plaintiffs response thereto, Defendants'
replies thereon, and Plaintiffs sur-reply thereon, and for the reasons stated in the Court's
Memorandum dated September 23,2011, it is hereby ORDERED that the motions are GRANTED
in part and DENIED in part, as follows:
l.

The motions are GRANTED with respect to Plaintiffs Racketeer Influenced and
Corrupt Organizations Act claims and intentional infliction of emotional distress
claims against all Defendants.

2.

The motions are GRANTED with respect to Plaintiffs Fair Debt Collection
Practices Act claim against Defendants JPMorgan Chase Bank, N.A., JPMorgan
Chase & Co., and Chase Auto Finance Corporation.

3.

The motions are DENIED with respect to Plaintiff's intrusion upon seclusion claim
against all Defendants.

4.

The motions are DENIED with respect to Plaintiff's Fair Debt Collections Practices
Act claim against Defendant Accounts Receivable Management Inc.

3.

The Motion to Extend Time for Motion for Class Certification (Document No. 15)
is DENIED as moot.

Berle M. Schiller, J.

2