ZARICHNY v. COMPLETE PAYMENT RECOVERY SERVICES, INC. et al

Filing 18

ORDER THAT DEFENDANTS MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED. DEFENDANTS MOTION TO DISMISS IS GRANTED IN PART AND DENIED IN PART. DEFENDANTS MOTION TO DISMISS DEFENDANT FIDELITY NATIONAL INFORMATION SERVICES IS GRANTED. DEFENDANTS MOTION TO STRIKE PLAINTIFF'S CLASS ACTION ALLEGATION IS GRANTED; ETC.. SIGNED BY HONORABLE STEWART DALZELL ON 1/21/15. 1/21/15 ENTERED AND E-MAILED.(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
SANDRA ZARICHNY

:
:
:
:
:
:

v.
COMPLETE PAYMENT
RECOVERY SERVICES, INC et al.

CIVIL ACTION

NO. 14-3197

ORDER
AND NOW, this 21st day of January, 2015, upon consideration of defendants’
motion to dismiss and/or strike plaintiff Sandra Zarichny’s first amended complaint (docket no.
11), plaintiff’s response in opposition thereto, and defendants’ motion for leave to file a reply
brief (docket no. 15), it is hereby ORDERED that:
1.

Defendants’ motion for leave to file a reply brief is GRANTED;

2.

Defendants’ motion to dismiss is GRANTED IN PART and DENIED IN PART;

3.

Defendants’ motion to dismiss defendant Fidelity National Information Services

("FIS") is GRANTED;
4.

Defendants’ motion to dismiss plaintiff’s claim against defendant Complete

Payment Recovery Services, Inc. (“CPRS”) pursuant to the Telephone Consumer Protection Act
of 1991 (“TCPA”), 47 U.S.C. § 227 et seq., is DENIED;
5.

Defendants’ motion to dismiss plaintiff’s claim against CPRS pursuant to the Fair

Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §§ 1692c, 1692d, and 1692f is
GRANTED;
6.

Defendants’ motion to dismiss plaintiff’s claim against CPRS pursuant to the

FDCPA, 15 U.S.C. § 1692g, is DENIED;
7.

Defendants’ motion to strike plaintiff’s class action allegations is GRANTED;

8.

By noon on January 30, 2015, the parties shall jointly INFORM the Court

whether they agree that settlement discussions before the Honorable Jacob P. Hart would likely
be productive; and
9.

Further scheduling shall ABIDE the parties’ January 30, 2015 communication.
BY THE COURT:

_/S/ STEWART DALZELL, J.

2