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16-783 - Weldon v. MTAG Services, LLC et al


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16-783 - Weldon v. MTAG Services, LLC et al
February 28, 2017
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RULING: For the reasons set forth herein, the two pending Motions to Dismiss (Doc. Nos. 59, 61) are GRANTED IN PART AND DENIED IN PART. Counts I, II.AD, and II.H are dismissed on both litigation privilege and Noerr-Pennington grounds, while Counts II.EF are dismissed on Noerr-Pennington grounds. Count II.F, insofar as it brings claims against Cazenovia, is dismissed for lack of standing. Count II.G is dismissed because defendants are not consumer collection agencies, and Count III is dismissed because he failed to allege that defendants instituted the state foreclosure suit for any collateral purpose. Counts IV.AC are dismissed because the municipal tax liens at issue in this case do not qualify as debts within the meaning of the CCPA, and Count V, similarly, is dismissed because section 12-195g of the Connecticut General Statutes does not apply to municipal tax liens on real property. Last, Count VII is dismissed for failure to plausibly state an unjust enrichment claim, where it is undisputed that Weldons liens were discharged in exchange for the payment he made to defendants. Defendants Motions to Dismiss Count VI on Article III standing grounds are denied. Count VI is the only claim that survives this Ruling. The courts previous stay of class merits discovery, see Scheduling Order Regarding Case Management Plan (Doc. No. 65) at 1, is hereby terminated. The parties are directed to confer and to inform the court within 14 days from the entry of this Ruling whether they believe any modifications to the courts Scheduling Order (Doc. No. 65) are called for. Signed by Judge Janet C. Hall on 2/28/2017. (Lewis, D)