Legal Opinion

Schaake v. Risk Management Alternatives, Inc.

District Court, S.D. New York

Decided September 14, 2001No. 01 CIV. 4441(CM)PublishedCited by 26 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DENYING DEFENDANT’S MOTION TO DISMISS

MCMAHON, District Judge.

Plaintiff filed a class action complaint on May 23, 2001, alleging violations of the Federal Debt Collection Practices Act, (“FDCPA”), 15 U.S.C. § 1692 et seq., seeking statutory damages as well as injunctive and declaratory relief for the plaintiff and the class. On June 26, 2001, prior to filing any response to the complaint, defendant served Schaake, the only named plaintiff, with an offer of judgment pursuant to Fed.R.Civ.P. 68.1 The Rule 68 offer was for $1,000, plus reasonable attorneys fees to be…

2Cases cited14 opinions

  1. Deposit Guaranty National Bank v. RoperSupreme Court of the United States · 1980
  2. William ALPERN and Russell D. Miller, on Behalf of Themselves and All Others Similarly Situated, Appellants, v. UTILICORP UNITED, INC., AppelleeCourt of Appeals for the Eighth Circuit · 1996
  3. Claire Rand, Custodian for Brett Rand v. Monsanto CompanyCourt of Appeals for the Seventh Circuit · 1991
  4. Burton M. Abrams and Marguerite M. Abrams v. Interco IncorporatedCourt of Appeals for the Second Circuit · 1983
  5. Robert A. Holstein and Brian Grove, Individually and on Behalf of All Others Similarly Situated v. City of Chicago, a Municipal CorporationCourt of Appeals for the Seventh Circuit · 1994

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3Cited by26 opinions

  1. Richard Weiss, on Behalf of Himself and All Others Similarly Situated v. Regal Collections Lancer Investments, IncCourt of Appeals for the Third Circuit · 2004
  2. Sandoz v. Cingular Wireless LLCCourt of Appeals for the Fifth Circuit · 2008
  3. Lucero v. Bureau of Collection Recovery, Inc.Court of Appeals for the Tenth Circuit · 2011
  4. Bowens v. Atlantic Maintenance Corp.District Court, E.D. New York · 2008
  5. McDowall v. CoganDistrict Court, E.D. New York · 2003

21 more not listed; retrieve them via the Exa API.

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