MILLER v. MCCABE, WEISBERG & CONWAY, P.C. et al

Filing 17

ORDER THAT THE MCCABE FIRM'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. MILLER'S CLAIM UNDER FAIR DEBT COLLECTION PRACTICES ACT IS DISMISSED WITHOUT PREJUDICE. MILLER'S STATE LAW CLAIM UNDER THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW IS DISMISSED WITHOUT PREJUDICE. MILLER'S MOTION FOR SUMMARY JUDGMENT IS DENIED.. SIGNED BY HONORABLE ROBERT F. KELLY ON 3/9/2018. 3/9/2018 ENTERED AND COPIES E-MAILED.(kp, )

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

ERWIN MILLER, as Executor of the Estate
of Loretta Doyle,
Plaintiff,
v.
McCABE, WEISBERG & CONWAY, P.C.,
Defendant.

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CIVIL ACTION

No. 17-3063

ORDER
AND NOW, this

9th

day of March, 2018, upon consideration of the Cross-

Motions for Summary Judgment filed by Plaintiff Erwin Miller (“Miller”), as Executor of the
Estate of Loretta Doyle, and Defendant McCabe, Weisberg & Conway, P.C. (the “McCabe
Firm”), along with the numerous briefs in support and opposition to the respective Motions, it is
hereby ORDERED that:
1.

the McCabe Firm’s Motion for Summary Judgment (Doc. No. 11) is
GRANTED. Miller’s claim under the Fair Debt Collection Practices Act
is DISMISSED WITH PREJUDICE. Miller’s state law claim under the
Pennsylvania Unfair Trade Practices and Consumer Protection Law is
DISMISSED WITHOUT PREJUDICE, as the Court declines to
exercise supplemental jurisdiction over it pursuant to 28 U.S.C. §
1367(c)(3); and

2.

Miller’s Motion for Summary Judgment (Doc. No. 12) is DENIED.

BY THE COURT:

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