HUERTAS v. GALAXY ASSET MANAGEMENT et al
Filing
42
ORDER denying Pltf's 28 Motion to Seal; granting Deft APPLIED CARD BANK'S 10 Motion to Dismiss ; granting Deft ASSET MANAGEMENT PROFESSIONALS' 15 Motion to Dismiss ; denying Pltf's 19 Motion to Seal Document ; denying Pltf 's 17 Motion for Judgment on the Pleadings and for Sanctions. ORDERED that Pltf is GRANTED leave to amend Complaint by 3/18/2010 to reflect Pltf's theory that the Debt was extinguished or otherwise rendered uncollectible as a consequence of prior bankruptcy proceedings. ORDERED that Pltf is DENIED leave to amend Complaint on any other basis. Signed by Judge Robert B. Kugler on 3/9/2010. (drw, )
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NOT FOR PUBLICATION
(Docket Nos. 10, 15, 17, 19, 28)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE ___________________________________ : HECTOR HUERTAS, : : Plaintiff, : : v. : : GALAXY ASSET MANAGEMENT, f/k/a, : GALAXY ASSET PURCHASING, : CAPITAL MANAGEMENT SERVICES, : L.P., ASSET MANAGEMENT : PROFESSIONALS, LLC, EXPERIAN : INFORMATION SOLUTIONS, LLC, : TRANSUNION, LLC, and APPLIED : CARD BANK, f/k/a CROSS COUNTRY : BANK, : : Defendants. : ___________________________________ :
Civil No. 09-2604(RBK/JS) ORDER
THIS MATTER having come before the Court upon separate motions by Defendants Applied Card Bank ("ACB") and Asset Management Professionals ("AMP") to dismiss the Complaint of Plaintiff Hector Huertas ("Plaintiff") and upon Plaintiff's motion for judgment on the pleadings and for sanctions, as well as Plaintiff's motions to seal Exhibits B and B-1 filed in connection with the aforementioned motion; and the Court having considered the submissions of the parties; and for the reasons expressed in an Opinion issued today; IT IS HEREBY ORDERED that Defendant ACB's motion to dismiss the counts alleged against it in the Complaint is GRANTED; and
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IT IS FURTHER ORDERED that Defendant AMP's motion to dismiss the counts alleged against it in the Complaint is GRANTED; and IT IS FURTHER ORDERED that Plaintiff's motion for judgment on the pleadings and for sanctions is DENIED; and IT IS FURTHER ORDERED that Plaintiff is GRANTED leave to amend the Complaint by March 18, 2010 to reflect Plaintiff's theory that the Debt was extinguished or otherwise rendered uncollectible as a consequence of prior bankruptcy proceedings; and IT IS FURTHER ORDERED that Plaintiff is DENIED leave to amend the Complaint on any other basis; and IT IS FURTHER ORDERED that Plaintiff's motions to seal Exhibits B and B-1 are DENIED.
Dated: 3-9-2010
/s/ Robert B. Kugler ROBERT B. KUGLER United States District Judge
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