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15-14017 - Jones v. Revenue Assistance Program


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15-14017 - Jones v. Revenue Assistance Program
July 14, 2016
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Judge Nathaniel M. Gorton: ENDORSED MEMORANDUM & ORDER entered granting 16 Motion to Dismiss; granting in part and denying in part 24 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part 24 Motion to Dismiss for Failure to State a Claim; granting in part and denying in part 33 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. 1) the motion to dismiss the amended complaint by defendant Revenue Assistance Corporation is ALLOWED, 2) the motion to dismiss the amended complaint by defendant Frontier Communications is, with respect to the claims under ยงยง 227(b)(1)(B) and (b)(1)(C) of the Telephone Consumer Protection Act and under the Fair Debt Collection Practices Act, ALLOWED; but is otherwise DENIED, and 3) the motion to amend the amended complaint by plaintiff is, with respect to the claims against Revenue Assistance Corporation, DENIED as futile; but, with respect to the surviving claims against Frontier Communications, ALLOWED. In addition, plaintiffs claims against defendant Portfolio Recovery Associates, L.L.C. are, in light of his decision not to pursue the claims in the proposed second amended complaint, DISMISSED. So ordered. (Caruso, Stephanie)