Taylor

Proceedings: IN CHAMBERS — COURT ORDER

Before the Court is a Motion to Dismiss the Second and Third Claims for Relief in the plaintiffs Complaint filed by defendants Matthew W. Quail, Lang, Ritchert & Patch, and Unifund CCR Partners (collectively, “Defendants”). (Docket No. 9.) 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 September 25, 2006 is vacated, and the matter taken off calendar.

I. FACTUAL ALLEGATIONS & PROCEDURAL BACKGROUND

According to the Complaint, Defendants used improper methods to collect a debt owed by plaintiff Matthew Taylor (“Plaintiff’). In early 2001, Plaintiff lost his job and stopped making payments on his Cit-bank credit card account. He received several calls from individuals seeking payment on the account, but he maintained that he could not and would not pay. After a few months, these debt collection efforts ceased.

Defendants subsequently acquired the debt owed by Plaintiff and initiated an action seeking damages for his failure to pay the account. Plaintiff alleges that the action was barred by the applicable statute…