NYCE v. STERLING CREDIT CORPORATION

Filing 35

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE JAN E. DUBOIS ON 4/2/2013. 4/4/2013 ENTERED AND COPIES E-MAILED.(uh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
_____________________________________
ERIC NYCE,
Plaintiff,
v.
STERLING CREDIT CORPORATION,
Defendant.
_____________________________________

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CIVIL ACTION

NO. 11-cv-5066

ORDER
AND NOW, this 2nd day of April, 2013, upon consideration of Defendant’s Motion for
Summary Judgment as to All Claims and Memorandum of Law in Support Thereof (Document
No. 28, filed September 28, 2012), Plaintiff’s Response in Opposition to Defendant’s Motion for
Summary Judgment (Document No. 29, filed October 19, 2012), and Defendant Sterling
Corporation’s Reply Brief in Support of Its Motion for Summary Judgment (Document No. 32,
filed November 2, 2012), for the reasons set forth in the Memorandum dated April 2, 2013, IT
IS ORDERED that Defendant’s Motion for Summary Judgment as to All Claims and
Memorandum of Law in Support Thereof is GRANTED IN PART AND DENIED IN PART
as follows:
1.

The Motion is GRANTED with respect to Nyce’s §1692c(c) claim to the extent

the claim is based on communications that occurred before August 8, 2010. The Motion is
DENIED to the extent the claim is based on communications that occurred on or after August 8,
2010;
2.

The Motion is DENIED with respect to Nyce’s §1692d claim;

3.

The Motion is GRANTED with respect to Nyce’s §1692c(a)(1) claim; and

4.

The Motion is GRANTED with respect to Nyce’s §1692f claim.

IT IS FURTHER ORDERED that a scheduling conference will be convened in due
course.

BY THE COURT:
/s/ Hon. Jan E. DuBois
______________________
JAN E. DuBOIS, J.

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