Legal Opinion

Torres v. ProCollect, Inc.

District Court, D. Colorado

Decided June 1, 2012No. Civil Case No. 11-cv-02989-LTBPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

BABCOCK, District Judge.

This matter is before me on Defendant ProCollect, Inc.’s, Motion to Dismiss for *1104Failure to State a Claim, or, in the Alternative, Motion for Summary Judgment [Doc # 4]. Jurisdiction is proper under 15 U.S.C. § 1692k(d). After considering the parties’ arguments, and for the reasons below, I DENY the motion.

I. Background

Plaintiff Mary Torres alleges that on July 6, 2011, at approximately 3:30 p.m., she received the following voicemail message from one of Defendant’s employees: “Hi. This message is for Mary Torres. This is Jessaby. I need a…

2Cases cited20 opinions

Ashcroft v. IqbalSupreme Court of the United States · 2009
Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
Adler v. Wal-Mart Stores, Inc.Court of Appeals for the Tenth Circuit · 1998
Bryant v. Farmers Insurance ExchangeCourt of Appeals for the Tenth Circuit · 2005

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3Cited by2 opinions

Rhodes v. Olson Associates, P.C.District Court, D. Colorado · 2015
Midland Funding, LLC v. PipkinCourt of Appeals of Utah · 2012