Filed: Aug. 19, 2016
Latest Update: Aug. 19, 2016
Summary: REPORT AND RECOMMENDATION AMANDA ARNOLD SANSONE , Magistrate Judge . Before the Court are Plaintiff Christopher Olsen's Motion for Class Certification and Incorporated Memorandum of Law (Doc. 45) and Defendant Cavalry Portfolio Services, LLC's Opposition to Plaintiff's Motion for Class Certification (Doc. 51). 1 On December 29, 2015, Plaintiff filed his Amended Class Action Complaint alleging, in three-counts, violation of the Fair Debt Collection Practices Act, 15 U.S.C. Sections 16
Summary: REPORT AND RECOMMENDATION AMANDA ARNOLD SANSONE , Magistrate Judge . Before the Court are Plaintiff Christopher Olsen's Motion for Class Certification and Incorporated Memorandum of Law (Doc. 45) and Defendant Cavalry Portfolio Services, LLC's Opposition to Plaintiff's Motion for Class Certification (Doc. 51). 1 On December 29, 2015, Plaintiff filed his Amended Class Action Complaint alleging, in three-counts, violation of the Fair Debt Collection Practices Act, 15 U.S.C. Sections 169..
More
REPORT AND RECOMMENDATION
AMANDA ARNOLD SANSONE, Magistrate Judge.
Before the Court are Plaintiff Christopher Olsen's Motion for Class Certification and Incorporated Memorandum of Law (Doc. 45) and Defendant Cavalry Portfolio Services, LLC's Opposition to Plaintiff's Motion for Class Certification (Doc. 51).1
On December 29, 2015, Plaintiff filed his Amended Class Action Complaint alleging, in three-counts, violation of the Fair Debt Collection Practices Act, 15 U.S.C. Sections 1692d, 1692e, 1692e(2)(A), 1692e(10), 1692f, and 1692f(1). (Doc. 14) On February 11, 2016, Defendant moved to dismiss each of Plaintiffs claims. (Doc. 26). While Defendant's motion to dismiss was pending, Plaintiff filed his Motion for Class Certification. (Doc. 45). On August 11, 2016, the Court granted Defendant's motion to dismiss for failure to state a claim, dismissed the amended complaint in its entirety, and allowed Plaintiff leave to amend by no later than August 26, 2016. (Doc. 52).
Plaintiff's motion to certify class requested the certification of claims that the Court has dismissed. Because those claims will change when Plaintiff amends his complaint, it is RECOMMENDED that Plaintiff's Motion for Class Certification and Incorporated Memorandum of Law (Doc. 45) be DENIED as moot and that Plaintiff be afforded the opportunity to file a second motion for class certification, if appropriate, after filing his second amended complaint.
