Gallamore v. Portfolio Recovery Associates, LLC

E.D. Missouri

Gallamore v. Portfolio Recovery Associates, LLC

DecidedApril 29, 2025

Docket1:24-cv-00148

StatusUnknown

This text of Gallamore v. Portfolio Recovery Associates, LLC (Gallamore v. Portfolio Recovery Associates, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gallamore v. Portfolio Recovery Associates, LLC, (E.D. Mo. 2025).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

KIMBERLY GALLAMORE., ) ) Plaintiff, ) ) v. ) ) Case No. 1:24-CV-148-SNLJ PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) ) Defendant. )

MEMORANDUM AND ORDER On October 23, 2024, defendant Portfolio Recovery Associates, LLC (“PRA”) moved this court for judgment on the pleadings. [Doc. 25]. Plaintiff Gallamore replied on December 2, 2024. [Doc. 32]. In defendant’s subsequent reply on March 18, 2025, a purchase agreement regarding plaintiff’s account was attached. [Doc. 32-2]. These additional contracts were not in the original pleadings, and thus will be considered additional material. See BJC Health System v. Columbia Cas. Co., 348 F.3d 685 (8th Cir. 2003). When “matters outside the pleadings are presented to and not excluded by the Court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.” Fed. R. Civ. P. 12(d) (emphasis added). IT IS HEREBY ORDERED that defendant PRA will be given 14 days from the date of this Order to submit any additional argument and/or documents in support of the motion for summary judgment. Plaintiff Gallamore has 14 days to respond to any such filing by PRA. IT IS FURTHER ORDERED that the trial scheduled for August 5, 2025 is VACATED. SO ORDERED this 29th day of April, 2025.

f : Px _ / ff / fi SP ff ff fl APfAS4 . feet aa ot. Le STEPHEN N. LIMBAUGH, JR. SENIOR UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

KIMBERLY GALLAMORE., ) ) Plaintiff, ) ) v. ) ) Case No. 1:24-CV-148-SNLJ PORTFOLIO RECOVERY ) ASSOCIATES, LLC ) ) Defendant. )

MEMORANDUM AND ORDER On October 23, 2024, defendant Portfolio Recovery Associates, LLC (“PRA”) moved this court for judgment on the pleadings. [Doc. 25]. Plaintiff Gallamore replied on December 2, 2024. [Doc. 32]. In defendant’s subsequent reply on March 18, 2025, a purchase agreement regarding plaintiff’s account was attached. [Doc. 32-2]. These additional contracts were not in the original pleadings, and thus will be considered additional material. See BJC Health System v. Columbia Cas. Co., 348 F.3d 685 (8th Cir. 2003). When “matters outside the pleadings are presented to and not excluded by the Court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.” Fed. R. Civ. P. 12(d) (emphasis added). IT IS HEREBY ORDERED that defendant PRA will be given 14 days from the date of this Order to submit any additional argument and/or documents in support of the motion for summary judgment. Plaintiff Gallamore has 14 days to respond to any such filing by PRA. IT IS FURTHER ORDERED that the trial scheduled for August 5, 2025 is VACATED. SO ORDERED this 29th day of April, 2025.

f : Px _ / ff / fi SP ff ff fl APfAS4 . feet aa ot. Le STEPHEN N. LIMBAUGH, JR. SENIOR UNITED STATES DISTRICT JUDGE

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Gallamore v. Portfolio Recovery Associates, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gallamore-v-portfolio-recovery-associates-llc-moed-2025.

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