Tenorio v. Reliable Collection Agency, Inc.

[David A. Szwak]

Tenorio v. Reliable Collection Agency, Inc.
Not Reported in F.Supp.2d, 2003 WL 23150110
D.N.Mar.I.,2003.
December 31, 2003

FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER BENCH TRIAL


MUNSON, J.
*1 THIS MATTER came before the court on Monday, November 10, 2003, for a bench trial. Plaintiff appeared personally and by and through his attorney, Perry B. Inos; defendants Reliable Collection Agency, Inc. and Helen Sambrano appeared personally and by and through their attorney, G. Anthony Long.
THE COURT, having considered the testimony of the witnesses and the documents entered into evidence, previously granted defendants' Fed.R.Civ.P. 52(c) motion at the conclusion of plaintiff's case as to counts 8 (violation of right to privacy by publication of debt) and 9 (intentional infliction of emotional distress).FN1 Plaintiff conceded he had failed to prove count 3 (violation of 15 U.S.C. § 1692c(b)-communication with third parties about debt) and withdrew it from the court's consideration and that count was dismissed with prejudice. The court took the remaining counts under advisement and allowed the parties to submit proposed findings of fact and conclusions of law. Those were received from the parties on December 16, 2003.

FN1. The court previously granted defendants' motion to dismiss count 4. See “Order Granting Defendants' Motion for Partial Summary Judgmentâ€