Gonzales v. Arrow Financial Services LLC

ORDER DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [DOC. #92]; GRANTING PLAINTIFF’S CROSS MOTION FOR PARTIAL SUMMARY JUDGMENT [DOC. #95]; AND DENYING DEFENDANT’S MOTION TO DECERTIFY THE CLASS [DOC. #88]

INTRODUCTION

Currently pending before the Court are the parties’ cross-motions for summary judgment and defendant’s motion to decer-tify the class. The motions have been fully briefed by both parties. After a careful consideration of the pleadings and relevant evidence presented, and for the reasons set forth below, this Court DENIES defendant’s motion for summary judgment, GRANTS plaintiffs cross-motion for partial summary judgment and DENIES defendant’s motion to decertify the class.

BACKGROUND

The instant case was initially filed on January 28, 2005. Defendant subsequently filed a motion to dismiss the complaint for failure to state a claim upon which relief may be granted, which this Court denied on July 25, 2005. Plaintiff then sought and was granted leave to file an amended complaint. Plaintiffs first amended class action complaint (“FAC”), the operative pleading in this ease, was filed on October 18, 2005, alleging violations of the Fair Debt Collection Practices Act…