United States District Court, M.D. Alabama, Southern Division
W. KEITH WATKINS, Chief District Judge.
Before the court are the Recommendation of the Magistrate Judge (Doc. # 41) and Plaintiffs' objections (Doc. # 43). Based upon an independent and de novo review of those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b), it is ORDERED as follows:
1. Plaintiffs' objections (Doc. # 43) are OVERRULED;
2. the Recommendation (Doc. # 41) is ADOPTED;
3. the motion to dismiss and compel arbitration (Doc. # 15) filed by Pea River Electric Cooperative, Inc. ("Cooperative") is DENIED in part only as to Plaintiffs' FDCPA claim against the Cooperative;
4. Plaintiffs' FDCPA claim against the Cooperative is DISMISSED with prejudice for failure to state a claim upon which relief can be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii); and
5. Plaintiffs' remaining state law claims against the Cooperative are DISMISSED without prejudice ...