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Jeanine Causey v. Portfolio Acquisitions

September 27, 2012

JEANINE CAUSEY; ROBERT CAUSEY, PLAINTIFFS,
v.
PORTFOLIO ACQUISITIONS, LLC; NCC, A DIVISION OF COMMONWEALTH FINANCIAL SYSTEMS, INC.; OSI COLLECTION SERVICES, INC.; NCO GROUP, INC.; CITIGROUP, INC.; ONE EQUITY PARTNERS, LLC; JP MORGAN CHASE & CO.; UNITED STATES FEDERAL TRADE COMMISSION; STATE OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS; AND DOES 1 THROUGH 25, INCLUSIVE, DEFENDANTS.



ORDER

On September 7, 2012, the magistrate judge filed findings and recommendations, which were served on the parties and which contained notice that any objections to the findings and recommendations were to be filed within fourteen days. No objections were filed.

The court presumes that any findings of fact are correct. See Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge's conclusions of law are reviewed de novo. See Britt v. Simi Valley Unified School Dist., 708 F.2d 452, 454 (9th Cir. 1983). Having carefully reviewed the file, the court finds the findings and recommendations to be supported by the record and by the proper analysis.

Accordingly, IT IS ORDERED that:

1. The Findings and Recommendations filed September 7, 2012, are ADOPTED.

2. The State of California Department of Consumer Affairs's motion to dismiss, Dckt. No. 88, is granted and that defendant is dismissed without prejudice.

3. The United States Federal Trade Commission's motion to dismiss, Dckt. No. 103, is granted and that defendant is dismissed without prejudice.

4. NCC's motion to dismiss, Dckt. No. 73, is granted in part and denied in part.

5. Portfolio's motion to dismiss, Dckt. No. 74, is granted in part and denied in part.

6. OSI's motion to dismiss, Dckt. No. 75, is granted in part and denied in part.

7. NCO's motion to dismiss, Dckt. No. 85, is granted and NCO is dismissed with prejudice.

8. Citigroup's motion to dismiss, Dckt. No. 90, is granted and Citigroup is dismissed with prejudice.

9. OEP's motion to dismiss, Dckt. No. 92, is granted and OEP is dismissed with prejudice.

10. JP Morgan's motion to dismiss, Dckt. No. 94, is granted and JP Morgan is dismissed with prejudice.

11. Plaintiffs are provided twenty-one days from the date of this order to file a third amended complaint, if plaintiffs elect to amend their Section 17200 claim ...


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