Stanley et al v. Redline Recovery Services, LLC, No. 2:2009cv00804 - Document 59 (M.D. Ala. 2010)

Court Description: PARTIAL FINAL JUDGMENT, it is the ORDER, JUDGMENT, and DECREE of the Court that: 1) Dft Redline Recovery Services, LLC's 48 Motion for Entry of Partial Consent Judgment as to FDCPA Claims is GRANTED; 2) Furthermore, the Court finds that there is no just reason for delaying the entry of final judgment as to some, but not all, of the remaining claims; 3) Judgment be and is hereby entered in favor of the plfs, Shelia Stanley and Glennie Stanley, and against the dft, Redline Recovery Services , LLC, on Plfs' claims pursuant to the Fair Debt Collection Practices Act, 15 USC § 1692, et seq., except for the claims that relate to the alleged third party contacts by Latisha Vassel Parham as set forth specifically in Paragraphs 29-31, 40-42 (claimed violations of § 1692c) and 43 (claimed violation of § 1692d by "contacting third party relatives") of the Amended Complaint, in the amount of $1,000 per plf, with any remaining liability under the FDCPA and ac tual damages, if any, to be decided at trial, and reasonable attorneys' fees and costs to be taxed at a later date; 4) DIRECTING the Clerk to enter this document on the civil docket as a partial final judgment pursuant to Rules 54(b) and 58 FRCP. This file is to remain open pending the resolution of the remaining claims. Signed by Hon. Chief Judge Mark E. Fuller on 9/13/2010. (Attachments: # 1 Civil Appeals Checklist)(wcl, )
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Stanley et al v. Redline Recovery Services, LLC Doc. 59 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION SHELIA STANLEY & GLENNIE STANLEY, ) ) Plaintiffs, ) ) v. ) ) REDLINE RECOVERY SERVICES, LLC, ) ) Defendant. ) CASE NO. 2:09cv804-MEF (WO) PARTIAL FINAL JUDGMENT In accordance with the parties agreement, as evidenced by the Defendant Redline Recovery Services, LLC’s Motion for Entry of Partial Consent Judgment as to FDCPA Claims (Doc. # 48) and Plaintiffs’ Response to Order to Show Cause (Doc. # 51), and pursuant to Federal Rule of Civil Procedure 54(b), it is the ORDER, JUDGMENT, and DECREE of the Court that: 1. Defendant Redline Recovery Services, LLC’s Motion for Entry of Partial Consent Judgment as to FDCPA Claims (Doc. # 48) is GRANTED. 2. Furthermore, the Court finds that there is no just reason for delaying the entry of final judgment as to some, but not all, of the remaining claims. 3. Judgment be and is hereby entered in favor of the plaintiffs, Shelia Stanley and Glennie Stanley, and against the defendant, Redline Recovery Services, LLC, on Plaintiffs’ claims pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692, et seq., except for the claims that relate to the alleged third party contacts by Latisha Vassel Parham as set forth specifically in Paragraphs 29-31, 40-42 (claimed violations of § 1692c) and 43 Dockets.Justia.com (claimed violation of § 1692d by “contacting third party relatives”) of the Amended Complaint, in the amount of one thousand ($1,000) per plaintiff, with any remaining liability under the FDCPA and actual damages, if any, to be decided at trial, and reasonable attorneys’ fees and costs to be taxed at a later date. 4. The Clerk of Court is DIRECTED to enter this document on the civil docket as a partial final judgment pursuant to Rules 54(b) and 58 of the Federal Rules of Civil Procedure. This file is to remain open pending the resolution of the remaining claims. th Done this the 13 day of September, 2010. /s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE 2