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14-9886 - Wilson v. Receivables Performance Management, LLC


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14-9886 - Wilson v. Receivables Performance Management, LLC
April 6, 2016
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MEMORANDUM Order: Plaintiff Sharon Wilson ("Wilson") and defendant Receivables PerformanceManagement, LLC ("RPM") have filed cross-motions for summary judgment and have submitted memoranda in support of those motions. Those submissions, however, have failed to meethead-on as to a key element of RPM's defense: whether RPM's alleged violations of the Fair Debt Collection Practices Act were unintentional. That being so, both parties are ordered to submit brief supplemental memoranda on that issue by April 20, 2016. Additionally, RPM has filed a Motion to Strike Declaration of Sharon Wilson (Dkt.No. 60) on the ground that (1) Wilsons declaration cannot be squared with her deposition testimony concerning when she retained counsel with respect to her AT&T debt and (2) Wilsons declaration also contradicts her deposition testimony concerning whether that debt resulted from a business or personal account. Although RPM has failed to notice that motion up for presentment, Wilson is ordered to respond to those charges by the same date on which the parties will submit their supplemental briefs -- April 20, 2016. Signed by the Honorable Milton I. Shadur on 4/6/2016:Mailed notice(clw, )
May 20, 2016
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MEMORANDUM Opinion and Order; While both sides' motions for summary judgment (Dkt. Nos. 51 and 52) are denied, Wilson has succeeded in both defeating RPM's motion to strike (Dkt. No. 60) and establishing as a matter of law that RPM violated Section 1692(c)(a)(2). That leaves to a jury the viability or non-viability of RPM's bona fide error defense. To establish and schedule further procedures toward that end, a status hearing is set for 9 a.m. May 27, 2016 to discuss the next steps in this action. Signed by the Honorable Milton I. Shadur on 5/20/2016:Mailed notice(clw, )