Taylor

Proceedings: IN CHAMBERS — COURT ORDER

Before the Court are a Motion to Strike Certain Portions of Plaintiffs Second Amended Complaint (Docket No. 26) and a Motion for Summary Judgment (Docket No. 29) filed by defendants Matthew Quail, Lang, Richert & Patch, and Unifund CCR Partners (collectively, “Defendants”). Pursuant to Federal Rule of Civil Procedure 78 and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for January 29, 2007, is continued to March 5, 2007, at 1:30 p.m. in accordance with the following.

I. FACTUAL & PROCEDURAL BACKGROUND

As previously described by the Court (Docket No. 22), this action arises out of the efforts by Defendants to collect on a debt owed by plaintiff Matthew Taylor (“Plaintiff’). In early 2002, Plaintiff stopped making payments on a credit card account he held with Citibank. His last payment to the account was in May 2002, and Citibank sent a final statement to him in December 2002.

Several years later, defendant Unifund CCR Partners (“Unifund”) acquired the debt from Citibank. Unifund retained defendant Matthew Quail, a California attorney, to pursue collection of the…