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16-10152 - Thomas v. I.C. System, Inc.


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16-10152 - Thomas v. I.C. System, Inc.
December 27, 2016
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MEMORANDUM Order issued sua sponte to address the question posed by the first Affirmative Defense. Signed by the Honorable Milton I. Shadur on 12/27/2016:Mailed notice(clw, )
January 27, 2017
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MEMORANDUM Order: This Court's brief December 27, 2016 memorandum order addressed the First Affirmative Defense ("AD 1") that had been raised by I.C. System, Inc. ("I.C. System") to the Fair Debt Collection Practices Act brought against in by plaintiff Jimmie Thomas. That memorandum order concluded by anticipating "the swift filing" of a motion by I.C. System to pursue this action via arbitration rather than turning to the federal court in the first instance. Because silence has descended since the issuance of the memorandum order, AD 1 is stricken, any resort to an arbitration remedy by I.C. System is forfeited and this action will proceed as a litigated matter in the first instance. Further proceedings in the case will be discussed during the previously scheduled February 9 status hearing. Signed by the Honorable Milton I. Shadur on 1/27/2017:Mailed notice(clw, )