Burton v. Kohn Law Firm SC

Filing 17

ORDER signed by Magistrate Judge Nancy Joseph on 10/5/2016. The parties are directed to submit short statements on whether the apparent dismissal of the state court case moots Kohn's argument about abstention. Kohn has until October 12, 2016 to file its short statement. If Burton wishes to respond, he may do so by October 17, 2016. PLEASE SEE ORDER. (cc: all counsel)(teb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

JOHN H. BURTON,
Plaintiff,
v.

Case No. 16-CV-594

KOHN LAW FIRM, S.C.,
Defendant.
ORDER
On July 15, 2016, the defendant, Kohn Law Firm, S.C., filed a motion to dismiss the
plaintiff’s, John H. Burton’s, complaint. (Docket # 7.) In his complaint, Burton raises claims under
the Fair Debt Collection Practices Act and the Wisconsin Consumer Act, based on actions taken (or
not taken) by Kohn in a state court collection case against him. Kohn moves to dismiss the
complaint on two bases: first, because the court lacks subject matter jurisdiction, and second, because
the court should abstain from deciding this case until the state court collection case is resolved. (See
Docket # 8.) Upon review of the record and the information available on Wisconsin Circuit Court
Access (“CCAP”), it appears that the state case (Brown County Case 15SC1271) has been dismissed.
In light of this, I am directing the parties to submit short statements on whether the dismissal of the
state court case moots Kohn’s argument about abstention. Kohn has until October 12, 2016 to file
its short statement. If Burton wishes to respond, he may do so by October 17, 2016.
IT IS SO ORDERED.
Dated at Milwaukee, Wisconsin this 5th day of October, 2016.
BY THE COURT
s/Nancy Joseph
NANCY JOSEPH
United States Magistrate Judge