Full title: MARK SAM, on behalf of himself and all others similarly situated, Plaintiff, v. MIDLAND CREDIT MANAGEMENT, INC., et al., Defendants.
Court: United States District Court, Western District of New York
Date published: Oct 13, 2021
Facts
C&S is a limited liability partnership that Sam alleges “regularly collects or attempts to collect… debts owed or due or asserted to be owed or due to another.”Docket Item 81 at ¶¶ 21-22. “For a substantially large number” of debt-collection cases filed by C&S between the late 1990s and 2006, C&S “used a process serving company [that] engaged in ‘sewer service.’”Id. at ¶ 122. As a result of C&S’s use of “sewer service, ” a “substantially large number” of those debt-collection actions “resulted in a default judgment.” Id. Although Sam alleges that “C&S knew or should have known about this new service’” issue “no later than sometime in 2006 as a result of a lawsuit filed against it, ” C&S “left these judgments in place and [] collected on these default judgments and attempted to enforce” them. Id.
Issue
Decision
For the reasons stated above and in the RR&O, C&S’s motion to dismiss, Docket Item 83, will be granted unless, within 30 days of the date of this order, Sam amends his complaint to correct the deficiencies addressed above. If Sam does not amend his complaint within that time, the complaint will be dismissed without further order, and the Clerk of the Court shall close the case.
SO ORDERED
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