JARZYNA v. HOME PROPERTIES, L.P. et al

Filing 252

MEMORANDUM AND ORDER THAT PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (DOC. 225), DEFENDANTS HOME'S MOTION FOR SUMMARY JUDGMENT (DOC. 234) AND DEFENDANT FAIR COLLECTION & OUTSOURCING'S CROSS MOTION FOR SUMMARY JUDGMENT (DOC. 233) ARE GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. FURTHER ORDERED THAT DEADLINE PER THE FOURTH SCHEDULING ORDER (DOC. 227) BY WHICH DEFENDANTS SHALL RESPOND TO PLAINTIFFS MOTION FOR CLASS CERTIFICATION (DOC. 222) IS CONTINUED PENDING A STATUS AND SCHEDULING CONFERENCE WHICH THE COURT WILL SCHEDULE SEPARATELY.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 7/17/15. 7/17/15 ENTERED AND COPIES MAILED TO SPECIAL MASTER BLAIR, EMAILED.(rf, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MARIUSZ G. JARZYNA,
Plaintiff,
v.
HOME PROPERTIES, L.P. et al.,
Defendants.

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CIVIL ACTION
NO. 10-4191

O R D E R
AND NOW, this 17th day of July, 2015, for the reasons
stated in the accompanying memorandum opinion, it is hereby
ORDERED that Plaintiff’s Motion for Summary Judgment (ECF No.
225), Defendant Home’s Motion for Summary Judgment (ECF No.
234), and Defendant Fair Collection & Outsourcing’s (“FCO”)
Cross-Motion for Summary Judgment (ECF No. 233) are GRANTED in
part and DENIED in part, as follows:
(1)

Plaintiff is entitled to judgment against Defendant
Home, as to liability, on the following claims:
a.

Count II (FCEUA), as to the thirty-day notice fee
claim; and

b.

Count III (UTPCPL), as to the thirty-day notice
fee claim.

(2)

Plaintiff is entitled to judgment against Defendant
FCO, as to liability, on the following claims:

a.

Count I (FDCPA), as to the claim for failure to
identify as a debt collector when leaving voice
messages on Plaintiff’s cell phone, in violation
of 15 U.S.C. §§ 1692e(11) and 1692d(6);

b.

Count I (FDCPA), as to the claim for attempting
to collect a debt that Plaintiff did not owe, in
violation of §§ 1692f(1), 1692e(2), and
1692e(10);

c.

Count II (FCEUA), to the extent Plaintiff is
entitled to judgment against Defendant FCO on the
FDCPA claims; and

d.

Count III (UTPCPL), to the extent Plaintiff is
entitled to judgment against Defendant FCO on the
FDCPA claims.

(3)

Defendant Home is entitled to judgment against
Plaintiff on the following claims:
a.

Count I (FDCPA), as to all claims;

b.

Count II (FCEUA), as to all claims other than the
thirty-day notice fee claim;

c.

Count III (UTPCPL), as to all claims other than
the thirty-day notice fee claim;

d.

Count IV (Landlord and Tenant Act), as to all
claims; and
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e.
(4)

Count V (Civil Conspiracy), as to all claims.

Defendant FCO is entitled to judgment against
Plaintiff on the following claims:
a.

Count I (FDCPA), as to the claim for lack of the
required notice on the HD1A letter, in violation
of § 1692g(a);

b.

Count I (FDCPA), as to the claim for failure to
properly verify the disputed debt, in violation
§ 1692g(b);

c.

Count I (FDCPA), as to all other claims Plaintiff
may have, with the exception of those on which
Plaintiff is entitled to judgment, as stated
above;

d.

Count II (FCEUA), to the extent Defendant FCO is
entitled to judgment against Plaintiff on the
FDCPA claims;

e.

Count III (UTPCPL), to the extent Defendant FCO
is entitled to judgment against Plaintiff on the
FDCPA claims; and

f.

Count V (Civil Conspiracy), as to all claims.

It is FURTHER ORDERED that the deadline per the Fourth
Scheduling Order (ECF No. 227) by which Defendants shall respond
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to Plaintiff’s Motion for Class Certification (ECF No. 222) is
CONTINUED pending a status and scheduling conference which the
Court will schedule separately.
AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno
EDUARDO C. ROBRENO,
J.

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