Wheeler
Wheeler v. Premiere Credit of North America, LLC
Opinion
Lead Opinion
Curiel, J.
ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT
I.INTRODUCTION
Before the Court is Defendant Premiere Credit of North America, LLC’s (“Defendant”) Motion for Summary Judgment. (ECF No. 15.) Plaintiff Robert Wheeler (“Plaintiff’) opposes. (ECF No. 18.)
The parties have fully briefed the motion. (ECF Nos. 15, 18, 20.) The Court finds the motion suitable for disposition without oral argument pursuant to Civil Local Rule 7.1(d)(1). Upon review of the moving papers, admissible evidence, and applicable law, the Court finds that the FDCPA provisions alleged by Plaintiff are not preempted and that Plaintiff has withdrawn his RFDCPA cause of action. Accordingly, the Court GRANTS IN PART AND DENIES IN PART Defendant’s Motion for Summary Judgment.
II.PROCEDURAL HISTORY
On June 11, 2013, Plaintiff filed a complaint in state court alleging two causes of action: (1) violation of the Fair Debt Collection Practices Act (“FDCPA”), and (2) violation of the Rosenthal Fair Debt Collection Practices Act (“RFDCPA”). (ECF No. 1-1, Ex. A.) On July 26, 2013, Defendant removed this case from state court to the United States District Court for the Southern District of…