Irwin

ORDER DENYING MOTION TO ADD THIRD-PARTY DEFENDANTS

INTRODUCTION

Defendants’ Motion to Add Third-Party Defendants was heard on November 17, 1999. Mark Ellis and June Coleman appeared for Defendants. Paul Arons and Lorraine Baur appeared for Plaintiffs. After oral argument, the Court took the matter under submission.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs Kathleen R. Irwin, Nancy Heth, and Lorraine L. Castaneda filed suit on December 31, 1997, for damages and injunctive relief in this action against defendants Owen T. Mascott, Commonwealth Equity Adjustments, Inc. (“CEA”), and Eric W. Browning, for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692 et seq. [“FDCPA”], and the California Unfair Business Practices Act, Cal. Business & Professions Code §§ 17200 , et seq. (“CUBPA”).

Plaintiffs alleged that CEA, and its executive director Browning, through its then attorney, Owen Mascott, violated the FDCPA and CUBPA through written communications to debtors which:

(Complaint, ¶¶ 36-43, 51-61).

The class was certified on March 24, 1999. Irwin v. Mascott, 186 F.R.D. 567 (N.D.Cal.1999).

THIS MOTION

CEA and its president, Eric Browning, . move for…