Harrison v. Federal Pacific Credit Co., LLC

[David A. Szwak]

Slip Copy, 2006 WL 276605 (W.D.N.Y.)

United States District Court,
W.D. New York.
Charles J. HARRISON, Plaintiff,
v.
FEDERAL PACIFIC CREDIT COMPANY, LLC., Defendants.
No. 05-CV-727S(F).
Feb. 3, 2006.

REPORT and RECOMMENDATION

FOSCHIO, Magistrate J.
DECISION and ORDER
JURISDICTION
*1 By order of Hon. Richard J. Arcara filed December 12, 2005, this matter has been referred to the undersigned for all pretrial matters pursuant to 28 U.S.C. § 636(b)(1)(A), (B) (Doc. No. 13). The matter is presently before the court on Defendant's motion to dismiss, filed December 6, 2005 (Doc. No. 6) and Plaintiff's cross-motion for leave to file an amended complaint, filed December 8, 2005 (Doc. No. 9).


BACKGROUND and FACTS FN1

FN1. Taken from the pleadings and papers filed in this action to date.

In his complaint, Plaintiff alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq. (“the Actâ€