June 22, 2007
The Recommendation of the United States Magistrate Judge was filed with the court in accordance with 28 U.S.C. § 636(b) and, on February 6, 2007, was served on the parties in this action. No objections were filed within the time limits prescribed by § 636.
The court hereby adopts the Magistrate Judge's Recommendation.
IT IS THEREFORE ORDERED that the motions to dismiss filed by Smith, Debnam, Narron, Wyche, Saintsing Myers, L.L.P., Jerry T. Myers, John Doe, Jane Doe, and One Up (Pleading No. 8) and GEMB (Pleading No. 13) is GRANTED. IT IS FURTHER ORDERED that CAC's motion to dismiss (Pleading No. 18) is DENIED solely as to the claim under 15 U.S.C. § 1692g, and GRANTED as to all other claims.
IT IS FURTHER ORDERED that the Complaint against Defendant Encore Receivable Management Inc., is dismissed pursuant to Federal Rules of Civil Procedure 12(b)(2), (4) and (5).