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COZMYK v. PROMPT RECOVERY SERVICES, INC.

Civil Action No. 2:11-cv-00375.

851 F.Supp.2d 991 (2012)

Gary COZMYK, Plaintiff, v. PROMPT RECOVERY SERVICES, INC., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

March 30, 2012.

Attorney(s) appearing for the Case

Michael S. Bailey , Bailey & Howard, Barboursville, WV, Peter J. Cozmyk , Krohn & Moss, North Royalton, OH, for Plaintiff.

Dan A. Morell, Jr. , Dan Morell & Associates, Independence, OH, John A. Carr , Charleston, WV, for Defendant.

MEMORANDUM OPINION & ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is the defendant Prompt Recovery Services, Inc.'s ("PRS") Combined Civil Rule 12(b)(2) and 12(b)(6) Motion to Dismiss [Docket 14]. For the reasons discussed below, the defendant's Rule 12(b)(6) Motion to Dismiss is GRANTED and the defendant's Rule 12(b)(2) Motion to Dismiss is DENIED as moot.

I. Background

a. Facts

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