Scales v. Midland Funding, LLC et al

Filing 65

ORDER - In accord with the accompanying Memorandum 64 : 1) The report and recommendation 54 is ADOPTED;2) Pltfs mtn for summary judgment 46 is DENIED;3) Dfts mtn for summary judgment 52 ), is GRANTED, in part, and DENIED, in part. Specifically, GRANTED with respect to any FDCPA claims relating to letterssent by Dfts to Pltf. This mtn is also GRANTED with respect to any state law professional negligence-legal malpractice claims brought against Dfts. The mtn is DENIED, however, with respect to any FDCPA claims arising out of what Pltf has described as litigation abuse in state court in March and April of 2018, but the parties are afforded the opportunity to renew their summary judgment mtns on this issue based upon a more fulsome record of these state court proceedings. Signed by Honorable Sylvia H. Rambo on 3/31/21. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM D. SCALES,
Plaintiff,
v.
MIDLAND FUNDING, LLC, AND
DANIEL J. SANTUCCI, ESQ.,
Defendants.

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Civil No. 1:18-cv-1514

Judge Sylvia H. Rambo

ORDER
In accordance with the accompanying memorandum of law, IT IS HEREBY
ORDERED AS FOLLOWS:
1) The report and recommendation (Doc. 54) is ADOPTED;
2) Plaintiff’s motion for summary judgment (Doc. 46) is DENIED;
3) Defendants’ motion for summary judgment (Doc. 52), is GRANTED, in part,
and DENIED, in part. Specifically, Defendants’ motion for summary
judgment is GRANTED with respect to any FDCPA claims relating to letters
sent by Defendants to Plaintiff. This motion is also GRANTED with respect
to any state law professional negligence-legal malpractice claims brought
against Defendants. The motion is DENIED, however, with respect to any
FDCPA claims arising out of what Plaintiff has described as litigation abuse
in state court in March and April of 2018, but the parties are afforded the
opportunity to renew their summary judgment motions on this issue based
upon a more fulsome record of these state court proceedings.
s/Sylvia H. Rambo
Sylvia H. Rambo
United States District Judge
Dated: March 31, 2021