RIVERA v. DEALER FUNDING LLC et al

Filing 21

MEMORANDUM AND ORDER THAT COUNT III OF PLAINTIFF'S COMPLAINT IS DISMISSED BY AGREEMENT AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); PARAGRAPHS 41 AND 49 ARE STRICKEN FROM THE COMPLAINT BY AGREEMENT; SECTION A' ;S REFERENCES TO THE UTPCPL AND FCEUA AND SECTION G OF PLAINTIFF'S PRAYER FOR RELIEF ARE STRICKEN AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION BY AGREEMENT; COUNT I OF PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDAN T COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); COUNT II OF PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); SECTIONS B,D, AND E OF PLAINTIFF'S PRAYER FOR RELIEF ARE STRICKEN WITHOUT PREJUDICE AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(F); AND PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT CONSISTENT WITH OUR MEMORANDUM OPINION WITHIN FOURTEEN (14) DAYS OF THIS ORDER. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/15/16. 4/15/16 ENTERED & E-MAILED. COPY MAILED TO UNREP. (fdc)

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

ELIZABETH RIVERA,
Plaintiff,
v.
DEALER FUNDING, LLC, COLLATERAL
ADJUSTMENT CORPORATION, and
CONSOLIDATED ASSET RECOVERY
SYSTEMS INC.,
Defendants.

:
:
:
:
:
:
:
:
:
:
:
:
:
:

CIVIL ACTION

No. 15-6590

ORDER
AND NOW, this 15th day of April, 2016, upon consideration of Defendant,
Collateral Assets’ Motion to Dismiss and Strike Portion of Plaintiff’s Complaint (Doc. No. 15),
and the Response in Opposition filed by Plaintiff, Elizabeth Rivera, it is hereby ORDERED that:
1.

Count III of Plaintiff’s Complaint is DISMISSED by agreement as to
Defendant Collateral Adjustment Corporation pursuant to Fed. R. Civ. P.
12(b)(6);

2.

Paragraphs 41 and 49 are STRICKEN from the Complaint by agreement;

3.

Section A’s references to the UTPCPL and FCEUA and Section G of
Plaintiff’s Prayer for Relief are STRICKEN as to Defendant Collateral
Adjustment Corporation by agreement;

4.

Count I of Plaintiff’s Complaint is DISMISSED WITHOUT
PREJUDICE as to Defendant Collateral Adjustment Corporation
pursuant to Fed. R. Civ. P. 12(b)(6);

5.

Count II of Plaintiff’s Complaint is DISMISSED WITHOUT
PREJUDICE as to Defendant Collateral Adjustment Corporation
pursuant to Fed. R. Civ. P. 12(b)(6);

6.

Sections B, D, and E of Plaintiff’s Prayer for Relief are STRICKEN
WITHOUT PREJUDICE as to Defendant Collateral Adjustment
Corporation pursuant to Fed. R. Civ. P. 12(f); and

7.

Plaintiff is GRANTED leave to file an amended Complaint consistent
with our Memorandum Opinion within fourteen (14) days of this Order.

BY THE COURT:

/s/ Robert F. Kelly
ROBERT F. KELLY
SENIOR JUDGE

2