Martinez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

CASE NO. 20-CV-00582-AWI-SAB

BRANDON MARTINEZ, Individually and on behalf of all others similarly situated,

ORDER GRANTING DEFENDANT DNF Plaintiff,

ASSOCIATES LLC’S MOTION TO

v. DISMISS COMPLAINT

INTEGRATED CAPITAL RECOVERY, LLC, DNF ASSOCIATES LLC, and

DOES 1-25, (Doc. No. 6) Defendants.

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16 INTRODUCTION Plaintiff Brandon Martinez brings this action individually and on behalf of others similarly situated alleging claims under the Fair Debt Collection Protection Act (“FDCPA”) against Integrated Capital Recovery (“ICR”) and DNF Associates LLC (“DNF” and, together with ICR, “Defendants”) based on a debt collection notice stating that a service fee may be applied to payments made by credit card or debit card. Doc. No. 1. Now before the Court is DNF’s motion to dismiss under for lack of subject matter jurisdiction, under Federal Rule of Civil Procedure 12(b)(1) and failure to state a claim under Rule 12(b)(6). 1 The…