Schwinn v. Shapiro and Ingle, LLP, No. 7:2012cv00005 - Document 16 (E.D.N.C. 2013)

Court Description: ORDER granting in part and denying in part 6 Motion to Dismiss for Failure to State a Claim - Defendant's motion is GRANTED with respect to plaintiff's claims under 15 U.S.C. § 1692b and North Carolina General Statute § 75-53(1 ) and those claims are DISMISSED WITH PREJUDICE; and Defendant's motion is DENIED with respect to plaintiff's 15 U.S.C. § 1692c(b) claim. Furthermore, the court previously stayed its March 16, 2012 Initial Order Regarding Planning and Scheduling pending ruling on the motion to dismiss. The stay is now lifted and the parties shall conduct the Rule 26(f) conference on or before twenty-one (21) days from the date of entry of this order. Signed by District Judge Louise Wood Flanagan on 3/11/2013. (Tripp, S.)