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WILSON v. RECEIVABLES PERFORMANCE MANAGEMENT, LLC, 14 C 9886. (2016)

Court: District Court, N.D. Illinois Number: infdco20160408g53 Visitors: 6
Filed: Apr. 06, 2016
Latest Update: Apr. 06, 2016
Summary: MEMORANDUM ORDER MILTON I. SHADUR , Senior District Judge . Plaintiff Sharon Wilson ("Wilson") and defendant Receivables Performance Management, LLC ("RPM") have filed cross-motions for summary judgment and have submitted memoranda in support of those motions. Those submissions, however, have failed to meet head-on as to a key element of RPM's defense: whether RPM's alleged violations of the Fair Debt Collection Practices Act were unintentional. That being so, both parties are ordered to s
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MEMORANDUM ORDER

Plaintiff Sharon Wilson ("Wilson") and defendant Receivables Performance Management, LLC ("RPM") have filed cross-motions for summary judgment and have submitted memoranda in support of those motions. Those submissions, however, have failed to meet head-on as to a key element of RPM's defense: whether RPM's alleged violations of the Fair Debt Collection Practices Act were unintentional. That being so, both parties are ordered to submit brief supplemental memoranda on that issue by April 20, 2016.

Additionally, RPM has filed a Motion to Strike Declaration of Sharon Wilson (Dkt. No. 60) on the ground that (1) Wilson's declaration cannot be squared with her deposition testimony concerning when she retained counsel with respect to her AT&T debt and (2) Wilson's declaration also contradicts her deposition testimony concerning whether that debt resulted from a business or personal account. Although RPM has failed to notice that motion up for presentment, Wilson is ordered to respond to those charges by the same date on which the parties will submit their supplemental briefs — April 20, 2016.

Source:  Leagle

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