CORTELLESSA et al v. UDREN LAW OFFICES P.C. et al

Filing 19

MEMORANDUM AND ORDER THAT DEFENDANTS' MOTIONS TO DISMISS [4 & 8] ARE GRANTED AND PLAINTIFFS' CLAIMS ARE DISMISSED. SIGNED BY HONORABLE THOMAS N. ONEILL, JR ON 12/1/15. 12/1/15 ENTERED & E-MAILED. COPIES MAILED TO UNREPS. (fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHAEL F. CORTELLESSA and
ERIN E. CORTELLESSA
v.
UDREN LAW OFFICES P.C.,
MARK UDREN, ESQUIRE,
NATIONSTAR MORTGAGE LLC and
OCWEN LOAN SERVICING LLC

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CIVIL ACTION
NO. 14-7250

ORDER
AND NOW, this 1st day of December, 2015, upon consideration of defendant Ocwen’s
motion to dismiss (Dkt. No. 4), defendant Nationstar’s motion to dismiss (Dkt. No 8), plaintiffs’
responses (Dkt. Nos. 12 and 14), Ocwen’s reply (Dkt. No. 15), Nationstar’s reply (Dkt. No. 16)
and plaintiffs’ sur-reply to Nationstar (Dkt. No. 17), and consistent with the accompanying
memorandum of law, it is ORDERED that defendants’ motions are GRANTED and plaintiffs’
claims are DISMISSED. 1
Plaintiffs may file an amended complaint on or before January 6, 2016. To the extent
that they are able to allege sufficient facts to support their claims, plaintiffs are granted leave to
amend their claims against Ocwen for: (1) improper telephone communications under the
FDCPA; (2) false or deceptive practices regarding plaintiffs’ mortgage arrears, attorney’s fees
and fire insurance premiums under the UTPCPL; and (3) improper telephone communications
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Two defendants remain in this action — Udren Law Offices P.C. and Mark
Udren, Esq. However, the docket does not reflect that either of these defendants has been
properly served with the complaint, filed on December 23, 2014. Rule 4(m) of the Federal Rules
of Civil Procedure provides, in relevant part, that “[i]f a defendant is not served within 90 days
after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must
dismiss the action without prejudice against that defendant or order that service be made within a
specified time.” Fed. R. Civ. P. 4(m). Accordingly, this Order shall serve as notice to plaintiffs
that failure to properly serve Udren Law Offices or Mark Udren by January 6, 2016 shall result
in dismissal of the complaint against them without prejudice.

and parallel FDCPA violations under the FCEUA. To the extent that they are able to allege
sufficient facts to support their claims, plaintiffs are granted leave to amend their claims against
Nationstar for: (1) improper telephone and mail communications and false or deceptive
litigation practices occurring after December 23, 2013 under the FDCPA; (2) false or deceptive
practices regarding plaintiffs’ mortgage arrears, attorney’s fees and fire insurance premiums
under the UTPCPL; and (3) improper telephone communications and parallel FDCPA violations
under the FCEUA.

s/Thomas N. O’Neill, Jr.
THOMAS N. O’NEILL, JR., J.

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