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NICHOLS v. BYRD

No. 3:05-CV-0485-ECR-VPC.

435 F.Supp.2d 1101 (2006)

Robert NICHOLS and Kristina Nichols, Plaintiffs, v. William J. BYRD, Defendant.

United States District Court, D. Nevada.

June 13, 2006.

Attorney(s) appearing for the Case

Kristina and Robert Nichols, Roderic A. Carucci, Carucci & Thomas, Thomas R. Brooksbank, Brooksbank & Associates, Reno, NV, for Plaintiffs.

William J. Byrd, Jack G. Angaran and Whitney J. Selert, Georgeson, Thompson & Angaran, Chtd., Reno, NV, for Defendant.

ORDER

EDWARD C. REED, JR., District Judge.

I. Procedural Background

On August 31, 2005, Plaintiffs Robert and Kristina Nichols ("Plaintiffs" or "the Nichols") filed a Complaint (# 2) alleging violations of the Fair Debt Collection Practices Act ("FDCPA") and Nevada law by Defendant William J. Byrd ("Defendant" or "Byrd"). On October 11, 2005, Defendant filed a Motion to Dismiss (# 6), which

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