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15-6590 - RIVERA v. DEALER FUNDING LLC et al


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15-6590 - RIVERA v. DEALER FUNDING LLC et al
April 15, 2016
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MEMORANDUM AND OPINION. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/15/16. 4/15/16 ENTERED & E-MAILED. COPY MAILED TO UNREP. (fdc)
April 15, 2016
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MEMORANDUM AND ORDER THAT COUNT III OF PLAINTIFF'S COMPLAINT IS DISMISSED BY AGREEMENT AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); PARAGRAPHS 41 AND 49 ARE STRICKEN FROM THE COMPLAINT BY AGREEMENT; SECTION A'S REFERENCES TO THE UTPCPL AND FCEUA AND SECTION G OF PLAINTIFF'S PRAYER FOR RELIEF ARE STRICKEN AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION BY AGREEMENT; COUNT I OF PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); COUNT II OF PLAINTIFF'S COMPLAINT IS DISMISSED WITHOUT PREJUDICE AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(B)(6); SECTIONS B,D, AND E OF PLAINTIFF'S PRAYER FOR RELIEF ARE STRICKEN WITHOUT PREJUDICE AS TO DEFENDANT COLLATERAL ADJUSTMENT CORPORATION PURSUANT TO FRCP 12(F); AND PLAINTIFF IS GRANTED LEAVE TO FILE AN AMENDED COMPLAINT CONSISTENT WITH OUR MEMORANDUM OPINION WITHIN FOURTEEN (14) DAYS OF THIS ORDER. SIGNED BY HONORABLE ROBERT F. KELLY ON 4/15/16. 4/15/16 ENTERED & E-MAILED. COPY MAILED TO UNREP. (fdc)