DEPUY
DEPUY v. Weltman, Wienberg & Reis Co.
Opinion
Opinion
Chesney, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS; VACATING HEARING; SCHEDULING CASE MANAGEMENT CONFERENCE
Before the Court is defendant Weltman, Weinberg, & Reis Co.’s ('“WWR”) motion, filed April 25, 2006, to dismiss, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure, plaintiff Robert Dupuy’s (“Du-puy”) complaint. Dupuy has filed opposition, to which WWR has replied. Having considered the papers filed in support of and in opposition to the motion, the Court finds the matter appropriate for decision on the papers, VACATES the hearing set for June 9, 2006, and rules as follows.
BACKGROUND
Dupuy alleges he incurred a “debt” to Bank of America, which sold his “account” to Sherman Acquisition (“Sherman”). (See Compl. ¶¶ 6-7.) According to Dupuy, Sherman assigned the debt collection to WWR and, thereafter, WWR sent two letters to Dupuy in furtherance of the debt collection. (See Compl. Exs. A (“March letter”) & C (“April letter”).) Both the March and April letters were printed on the following letterhead: “Law Offices of Weltman, Weinberg & Reis Co., L.P.A.” Id The March letter was signed by Julie A. Vaccarelli (‘Vaccarelli”); the April letter…