Russell v. Standard Federal Bank

This folder examine when and how an attorney takes on the role of a debt collector and will be deemed a "debt collector" under the FDCPA and be subjected to its provisions.
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David A. Szwak
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Russell v. Standard Federal Bank

Post by David A. Szwak »

Russell v. Standard Federal Bank
Not Reported in F.Supp.2d, 2002 WL 1480808
E.D.Mich.,2002.
June 19, 2002

OPINION AND ORDER


ZATKOFF, Chief District J.


I. INTRODUCTION

*1 This matter is before the Court on Plaintiff's Motion for Summary Judgment on the Merits of Count-II, and Count-III, of the Amended-Complaint, Pursuant to FED. R. CIV. P. 56(a). Defendants Trott & Trott, P.C., namely David A. Trott, and Kathleen H. Trott, et al., filed a timely response. Plaintiff did not file a reply. In addition, Plaintiff filed a Motion to Consolidate Civil Actions Case No. 02-70054 /and/ Case No. 00-74811, and a Motion to/Vacate Order Dismissing Plaintiff's State Law Claims, Pursuant to FED. R. CIV. P. 60(b). Defendants Trott & Trott, P.C., namely David A. Trott, and Kathleen H. Trott, et al., filed a timely response, and Plaintiff filed a timely reply. The Court finds that the parties have adequately set forth the relevant law and facts, and that oral argument would not aid in the disposition of the instant motions. See E.D. MICH. L.R. 7.1(e)(2). Accordingly, the Court ORDERS that the motion be decided on the briefs submitted. For the reasons stated below, Plaintiff's Motion for Summary Judgment on the Merits of Count-II, and Count-III, of the Amended-Complaint, Pursuant to FED. R. CIV. P. 56(a), is DENIED. Pursuant to Fed.R.Civ.P. 12, the Court shall DISMISS Count II and Count III of Plaintiff's complaint. Plaintiff's Motion to Consolidate Civil Actions Case No. 02-70054 /and/ Case No. 00-74811 is DENIED, and Plaintiff's Motion to/Vacate Order Dismissing Plaintiff's State Law Claims, Pursuant to FED. R. CIV. P. 60(b) is DENIED.



II. BACKGROUND

Plaintiff filed an amended complaint on January 14, 2002, and alleged the following four counts: Intentional Breach of Contract Under Covenant 14. “Noticeâ€
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
318-221-6444
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