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Dr. Murray H. Kimmel v. Cavalry Portfolio Services

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


July 27, 2011

DR. MURRAY H. KIMMEL, PLAINTIFF/COUNTERCLAIM DEFENDANT,
v.
CAVALRY PORTFOLIO SERVICES, LLC, DEFENDANT/COUNTERCLAIM PLAINTIFF.

The opinion of the court was delivered by: Ronald L. Buckwalter, S. J.

ORDER

AND NOW, this 27th day of July, 2011, upon consideration of Plaintiff Dr. Murray H. Kimmel's Motion for Reconsideration (Docket Nos. 50 & 51), Defendant Cavalry Portfolio Services, LLC's Response in Opposition (Docket No. 54), Plaintiff's Reply Brief (Docket No. 59), and Defendant's Motion for Leave to File a Sur-Reply Brief (Docket No. 60), it is hereby ORDERED as follows:

1. Defendant's Motion for Leave to File a Sur-Reply Brief is GRANTED. The proposed Sur-Reply Brief attached to Defendant's Motion shall be deemed filed as of the date of this Order.

2. Plaintiff's Motion for Reconsideration is GRANTED. The portion of the Court's May 25, 2011 Order (Docket No. 49) granting Defendant's Motion for Summary Judgment as to All Claims is VACATED.

3. Defendant's Motion for Summary Judgment as to All Claims (Docket No. 33) is GRANTED with respect to Plaintiff's claims under 15 U.S.C. §§ 1692e, 1692e(10), and 1692f and is DENIED with respect to Plaintiff's claim under 15 U.S.C. § 1692g(a).

4. Nothing in this Order or the accompanying Memorandum shall have any effect on the portion of the Court's May 25, 2011 Order granting Defendant's Motion for Summary Judgment on its Counterclaims (Docket No. 34).

5. The parties are instructed to attend a scheduling conference in the Court's chambers at 11:00 a.m. on Wednesday, August 10, 2011.

BY THE COURT:

Ronald L. Buckwalter

20110727

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