VEHEC et al v. ASSET ACCEPTANCE, LLC et al

Filing 43

ORDER GRANTING in part and denying in part 31 Motion to Dismiss the Amended Complaint; and further ORDERING the adoption of 40 Report and Recommendations. Signed by Judge Mark R. Hornak on 9/19/16. (jad)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DA YID G. VEHEC and GIGI C. VEHEC,
on behalf of themselves and all others
similarly situated,

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Plaintiffs,
v.

ASSET ACCEPTANCE, LLC, BANK OF
AMERICA CORPORATION, BANK OF
AMERICA, N.A., ENCORE CAPITAL
GROUP, INC., and JOHN DOES 1 - 25,
Defendants.
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AND NOW, this

Civil Action No. 15-1035

District Judge Mark R. Hornak
Chief Magistrate Judge Maureen P. Kelly

Re: ECF No. 31

ORDER

ll1"day of September, 2016, after Plaintiffs David G. Vehec and Gigi

C. Vehec ("Plaintiffs") filed an action in the above-captioned case, and after a Motion to Dismiss
was filed by Defendants of Bank of America, N.A. and Bank of America Corporation
(collectively, "BOA"), and after a Report and Recommendation was filed by the Chief United

States Magistrate Judge giving the parties until August 25, 2016, to file written objections hereto,
and upon consideration of the Objections filed by BOA, and the response to the Objections
submitted by Plaintiffs, and upon independent review of the record, and upon consideration of
the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this
Court, IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED, in part, and
DENIED, in part, with respect to Count II of Plaintiffs' Amended Complaint, and DENIED with
respect to Count III.

United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
All Counsel of Record Via CM-ECF