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Gomez v. Inovision-Medclr Portfolio Group, LLC

United States District Court, S.D. New York

August 22, 2014

CARMEN GOMEZ, Plaintiff,
v.
INOVISION-MEDCLR PORTFOLIO GROUP, LLC, PETER T. ROACH & ASSOCIATES, P.C., KIRSCHENBAUM, PHILLIPS & ROACH, P.C. TIMOTHY MURTHA, LVNV FUNDING, LLC, RESURGENT CAPITAL SERVICES, LP, and NCO FINANCIAL SYSTEMS, INC., Defendants.

Ahmad Keshavarz, Esq., THE LAW OF AHMAD KESHAVARZ, Brooklyn, NY, Attorney for the Plaintiff.

Han Sheng Beh, Esq., Concepcion A. Montoya, Esq., HINSHAW & CULBERTSON LLP, New York, NY, Attorneys for Defendants LVNV Funding, LLC and Resurgent Capital Services, LP.

OPINION

ROBERT W. SWEET, District Judge.

Plaintiff Carmen Gomez ("Gomez" or the "Plaintiff") has moved pursuant to Federal Rules of Civil Procedure 36 (a) (6) and 37(a) to compel defendants Inovision-Medclr Portfolio Group, LLC, Peter T. Roach & Associates, P. C. ("PC"), Kirschenbaum, Phillips & Roach, P.C. ("KPR"), Timothy Murtha ("Murtha"), LVNV Funding, LLC, Resurgent Capital Services, LP, and NCO Financial Systems, Inc. (collectively the "Defendants"), to produce documents and answers to interrogatories. The motion is granted as set forth below.

Prior Proceedings

Gomez filed her complaint on October 18, 2013 alleging violations by Defendants of the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq., and New York General Business Law Section 349 et seq., and violations by PC, KPR and Murtha of New York Judiciary Law § 487 et seq. (Compl. ¶¶ 56-87.)

The instant motion was submitted on July 9, 2014.

The Motion Is Granted As Set Forth Below

The Defendants will produce any collection agreements between them.

Defendants will identify individuals referred to in collection notes.

Defendants will produce any Chase Manhattan documents relating to the debt at issue and any document relating to any notice of assignment.

It is so ordered.


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