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17-1503 - SWIKE v. MED-1 SOLUTIONS, LLC


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17-1503 - SWIKE v. MED-1 SOLUTIONS, LLC
September 15, 2017
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on on 9/15/2017. (APD)ORDER - This matter is before the Court on Defendant Med-1 Solutions, LLC's ("Med-1") Motion to Dismiss for Lack of Standing. [Filing No. 14.] Plaintiff Erin Swike alleges that Med-1 continued to attempt to collect Ms. Swike's unpaid debt despite her written refusal to pay, in violation of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692c. [Filing No. 1.] Med-1 now moves to dismiss Ms. Swike's complaint, arguing that Ms. Swike lacks a concrete injury as required to invoke this Court's jurisdiction under Article III of the Constitution. For the reasons stated in this Order, the Court DENIES Med-1's Motion. [Filing No. 14.] (SEE ORDER). Signed by Judge Jane Magnus-Stins
May 9, 2018
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ORDER - Presently pending before the Court is Plaintiff Erin Swike's Motion for Attorney's Fees and Costs. [Filing No. 32.] Following her acceptance of Defendant Med-1 Solutions, LLC's ("Med-1") offer of judgment in the total amount of $4,000, Ms. Swike filed her request for $31,220.89 in attorney's fees and costs pursuant to 15 U.S.C. §1692k(a)(3). [Filing No. 32.] Defendant opposes Ms. Swike's Motion. [Filing No. 35.] As discussed below, the Court finds the hourly rate requested by Ms. Swike's counsel to be excessive under the circumstances. Accordingly, the Court GRANTS IN PART and DENIES IN PART Ms. Swike's Motion and awards Ms. Swike a total of $29,011.39 in fees and costs. For the reasons stated in this Order, the Court GRANTS IN PART and DENIES IN PART Ms. Swike's Motion for Attorney's Fees and Costs. 32. The Court awards Ms. Swike a total of $29,011.39 in costs and fees, in addition to the previously-accepted judgment for $4,000 in actual and statutory damages. Final judgment will enter accordingly. (SEE ORDER). Signed by Judge Jane Magnus-Stinson on 5/9/2018. (APD)