United States District Court, M.D. Alabama, Southern Division
December 5, 2014
LORENZO PEARSON and CLARISSA PEARSON, Plaintiffs,
PEA RIVER ELECTRIC COOPERATIVE, INC., Defendant.
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 pursuant to 28 U.S.C. § 1367(c)(3).
A final judgment will be entered separately.