Guadian v. PROGRESSIVE DEBT RELIEF LLC

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS EL PASO DIVISION § MANUEL GUADIAN, § § Plaintiff, § § EP-23-CV-00235-FM V. § § PROGRESSIVE DEBT RELIEF, LLC, § § Defendant. § ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE MAGISTRATE JUDGE On this day, the Court considered the “Report and Recommendation” (“R & R”) filed in the above-captioned case by United States Magistrate Judge Robert F. Castafieda (“Judge Castafieda”) on November 8, 2023. R & R.! Therein, Judge Castafieda recommends that the District Court deny Progressive Debt Relief?s 12(b)(6) motion to dismiss.” Because neither party objected to Judge Castafieda’s R & R, the court has reviewed if for clear error.? As the court finds no clear error, the R & R will be approved and adopted in full. Consistent with the R & R, the Court finds that Plaintiff has plausibly pleaded that Valid Solutions was acting as an agent of Defendant when they made the violative phone calls. Accordingly, it is HEREBY ORDERED that United States Magistrate Judge Robert F. Castafieda’s “Report and Recommendation” [ECF No, 29] is APPROVED and ADOPTED.

' “Report and Recommendation” 1, ECF No. 29, entered Nov. 8, 2023. 2 Id. at 9. 3 Douglass v. United Servs. Auto, Ass'n, 79 F.3d 1415, 1420 (5th Cir, 1996) (en banc), superseded by statue on other grounds, 28 U.S.C. § 636(b)(1).

Itis FUTHER ORDERED that Defendant’s “Rule 12(b)(6) Motion to Dismiss” [ECF No. 20] is DENIED in accordance with the Report and Recommendation. SIGNED AND ENTERED this2Z day of □□ 2023.

FRANK MONTALVO . SENIOR UNITED STATES DISTRICT JUDGE