Lister v. Evans Law Associates, PC

Filing 10

ORDER entered that defendant must advise the court by 6/18/10 whether or not the amended complaint overcomes the deficiencies identified in the motion to dismiss and if not explain what remains. Status Report due by 6/18/2010.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOSHUA LISTER, Plaintiff, VS. EVANS LAW ASSOCIATES, PC, Defendant. § § § § § § § § §

CIVIL ACTION NO. H-10-0935

ORDER This case arises from alleged debt-collection activities. The plaintiff, Joshua Lister, sued in March 2010, alleging that the defendant, Evans Law Associates, P.C., violated the Fair Debt Collection Act, 15 U.S.C. § 1692 et seq., as well as state statutes. Evans Law Associates filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing that the complaint failed to present sufficient factual allegations and instead merely alleged the statutory elements. (Docket Entry No. 6). In response, Lister filed an amended complaint that includes factual allegations supporting his claims. (Docket Entry No. 9). No later than June 18, 2010, the defendant must advise the court whether the amended complaint overcomes the deficiencies identified in the motion to dismiss and, if not, must explain what deficiencies remain.

SIGNED on June 7, 2010, at Houston, Texas. ______________________________________ Lee H. Rosenthal United States District Judge