VULLINGS v. ARCADIA RECOVERY BUREAU, LLC

Filing 51

ORDER OF 7/27/2018 THAT AFTER CONSIDERATION OF THE MOTION FOR SUMMARY JUDGMENT FILED BY THE DEFENDANT, (DOC. NO. 39) THE RESPONSE IN OPPOSITION FILED BY THE PLFF, INDIVIDUALLY AND ON BEHALF OF OTHERS SIMILARLY SITUATED (DOC. NO. 42), AND THE DEFENDAN TS' REPLY TO THE RESPONSE IN OPPOSITION,(DOC. NO. 46), AND THE APPLICABLE RECORD; AND FOR THE REASONS STATED IN THE SEPARATELY FILED MEMORANDUM OPINION, IT IS HEREBY ORDERED THAT THE MOTION FOR SUMMARY JUDGMENT (DOC. NO. 39) IS GRANTED IN PART A ND DENIED IN PART AS FOLLOWS: THE MOTION FOR SUMMARY JUDGMENT IS GRANTED AS TO THE PLFF'S CLAIMS BASED UPON THE FOLLOWING SECTIONS OF THE FAIR DEBT COLLECTION PRACTICES ACT; 15 U.S.C. 1692D; 15 U.S.C. 1692F; 15 U.S.C. 1692f(8) AND 15 U.S.C. 1692 g(a)(3). JUDGEMENT IS ENTERED IN FAVOR OF THE DEFENDANT AND AGAINST THE PLFF AS TO THE CLAIMS UNDER SECTIONS 1692d AND 1692f. THE CLAIMS UNDER SECTIONS 1692f(8) AND 1692g(a)3 ARE DISMISSED WITHOUT PREJUDICE FOR LACK OF SUBJECT MATTER JURISDICTION; AND THE MOTION IS DENIED AS TO THE PLFF'S CLAIMS BASED UPON 15 U.S.C. 1692e. SIGNED BY JUDGE EDWARD G. SMITH. 7/27/2018 ENTERED AND COPIES E-MAILED. (DT)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MICHELLE W. VULLINGS,
individually and on behalf of
others similarly situated,
Plaintiff,
v.
ARCADIA RECOVERY BUREAU, LLC,
Defendant.

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CIVIL ACTION NO. 17-4361

ORDER
AND NOW this 27th day of July, 2018, after considering the motion for summary
judgment filed by the defendant, Arcadia Recovery Bureau, LLC (Doc. No. 39), the response in
opposition to the motion filed by the plaintiff, Michelle W. Vullings, individually and on behalf
of others similarly situated (Doc. No. 42), and the defendant’s reply to the response in opposition
(Doc. No. 46), and the applicable record; and for the reasons stated in the separately filed
memorandum opinion, it is hereby ORDERED that the motion for summary judgment (Doc. No.
39) is GRANTED IN PART and DENIED IN PART as follows:
1.

The motion for summary judgment is GRANTED as to the plaintiff’s claims

based upon the following sections of the Fair Debt Collection Practices Act: 15 U.S.C. § 1692d;
15 U.S.C. § 1692f; 15 U.S.C. § 1692f(8); and 15 U.S.C. § 1692g(a)(3). Judgment is entered in
favor of the defendant and against the plaintiff as to the claims under sections 1692d and 1692f.
The claims under sections 1692f(8) and 1692g(a)(3) are DISMISSED WITHOUT
PREJUDICE for lack of subject-matter jurisdiction; and

2.

The motion is DENIED as to the plaintiff’s claims based upon 15 U.S.C. § 1692e.

BY THE COURT:

/s/ Edward G. Smith
EDWARD G. SMITH, J.

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