Free Reply to Response to Motion - District Court of Connecticut - Connecticut

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_ Case 3:03-cv-00636-J BA Document 61 Filed 07/27/2004 Page 1 of 2
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UNITED STATES DISTRICT C%§{R2lQ* t ., {1-N I ·
DISTRICT OF CONNECTIC ° I
EVELINE Gems ; c1v.rtt"II5idliroi~»I I
: 3:03 CV 636 (JBA) (IGM)
vs.
JBC & ASSOCIATES, P.C. ,
JACK H. BOYAI IAN 2
MARVIN BRANDON : JULY 27, 2004 .
])EFENDANT’S REPLY TO MOTION TO STRIKE
At page 2 of her opposition to the Defendant’s Motion to Strike, the plaintiff asserts that, `
"If Brandon is a debt collector in the other cases, he is a debt collector in this case." This
statement is plainly false. The irrefutable facts establish that the single letter at issue in this case
does not bear Mr. Brandon’s signature and was not sent by Mr. Brandon. The mere fact that Mr. l
Brandon engaged in other, earlier collection activities, does not make him a "debt collector" for
all purposes at all times, and it certainly does not render him liable individually for conduct in
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which he did not engage.
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As to pages 2-4 of the opposition, the plaintiff s repeated claims of the "intentional"
nature of the alleged conduct bears out that the related assertions and documents have nothing
whatsoever to do with the liability phase of this case. The alleged intentional nature relates only
to the amount of statutory damages, 15 U.S.C. §l692(k). The fact that the statements or _
documents offered are irrelevant or immaterial, or are not properly supported or authenticated in
the record, is simply an additional reason why they must be ignored for purposes of the pending
motion, and therefore should be stricken.
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. IY. Case 3:03-cv-00636-JBA Document 61 Filed 07/27/2004 Page 2 of 2

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THE DEFENDANTS,
Jonathan D. Elhot (Ct 05762) i
Kleban & Samor, P.C. `
2425 Post Road i
Southport, CT 06490 i
(203) 254-8969 N
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CERTIFICATION
This is to certify that a copy of the foregoing has been mailed postage prepaid this 27th
day of July 2004, to: l
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Joanne S. Faulkner, Esq.
123 Avon Street i
New Haven, CT 06511 I
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Jonathan D. Elliot i

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