Legal Opinion
Hallmark v. Overton, Russell, Doerr & Donovan, LLP
District Court, W.D. New York
Decided June 27, 2013No. 12-CV-1120CPublishedCited by 1 opinion
1Opinion of the Court
JOHN T. CURTIN, District Judge.
INTRODUCTION
Plaintiff commenced this action pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. (“FDCPA”). Currently pending before the court are defendant’s motions to dismiss for failure to state a claim (Item 10) and for sanctions (Item 11) and plaintiffs motion for leave to amend/correct the complaint (Item 14).
BACKGROUND and FACTS
Plaintiff commenced this action with the filing of a complaint on November 14, 2012 (Item 1). He alleged that he incurred a debt and subsequently defaulted on that debt. Id., ¶¶ 9, 11. In October 2011,…
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- Foman v. DavisSupreme Court of the United States · 1962
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Harris v. MillsCourt of Appeals for the Second Circuit · 2009
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