Jennifer M. Kurtz 

The Law Offices of Jennifer M. Kurtz, LLC 

540 Old Bridge Turnpike 

South River, NJ 08882 

Tel: 732-390-5262 

Fax: 732-390-2162 

jennifer.kurtz@kurtz-law.com 

Attorneys for Plaintiff, 

Robert Ekness 

UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF NEW JERSEY 

 : 

Robert Ekness, : 

 Plaintiff, : Civil Case No.: 3:11-cv-02020-AET -TJB

vs. : 

Portfolio Recovery Associates, LLC, : 

 Defendant. : 

 : 

 

MOTION TO DISMISS WITH PREJUDICE 

AND FOR PROTECTIVE ORDER

 Robert Ekness (Plaintiff), by his attorneys, KROHN & MOSS, LTD., hereby files this 

Motion to Dismiss with Prejudice and for a Protective Order from his deposition set for February 

1, 2012. In support thereof, Plaintiff states as follows: 

1. On April 11, 2011, Plaintiff filed his Complaint, alleging Defendant called him 

excessively in violation of the Fair Debt Collection Practices Act, 15 U.S.C. 1692 et seq.

(FDCPA). 

Case 3:11-cv-02020-AET-TJB Document 18 Filed 01/31/12 Page 1 of 4 PageID: 52
2. Plaintiff also subpoenaed his phone records and served them upon Defendant on 

September 29, 2011. These records verified and corroborated the call frequency alleged 

in Plaintiff’s Complaint. 

3. On December 1, 2011, Plaintiff served discovery requests upon Defendant requesting, 

inter alia, recordings and documentation of Defendant’s debt collection activity against 

Plaintiff. 

4. On January 30, 2012, Defendant for the first time produced a March 21, 2011 recording 

of Plaintiff verifying the debtor was reachable at his home telephone number. Plaintiff 

did not recall this conversation with Defendant and, therefore, maintains his Complaint 

was colorable as and when filed. 

5. In light of this recording, Plaintiff reassessed his case and immediately sought to dismiss 

his case with prejudice. 

6. On January 31, 2012, Defendant refused to stipulate to dismissal with prejudice unless 

Plaintiff paid Defendant $5,500 in attorney’s fees. 

7. Plaintiff did not bring the instant case for an improper purpose or in bad faith. The 

undersigned respectfully submits that, had Defendant timely provided the March 21, 

2011 recording, Plaintiff would have similarly sought to dismiss his case as he does now. 

8. Plaintiff’s deposition is presently sent for February 1, 2012 at 9 a.m. At the time of this 

filing, the undersigned has been unable to confirm cancellation despite requesting 

Defendant confirm cancellation given the circumstances. 

2

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 WHEREFORE, Plaintiff prays for a protective order from his February 1, 2012 

deposition. Plaintiff also prays that the instant case be dismissed with prejudice with each 

party to bear their own attorney’s fees and costs. 

DATED: January 31, 2012 The Law Offices of Jennifer M. Kurtz, LLC 

By:/s/_Jennifer M. Kurtz_____________

Jennifer M. Kurtz 

Attorney for Plaintiff, 

Robert Ekness 

 

3

Case 3:11-cv-02020-AET-TJB Document 18 Filed 01/31/12 Page 3 of 4 PageID: 54
PROOF OF SERVICE 

On January 31, 2012, I served the following document(s) described as:

MOTION TO DISMISS WITH PREJUDICE AND FOR PROTECTIVE ORDER on all 

interested parties in this action via CMECF. 

By:/s/_Jennifer M. Kurtz_____________

Jennifer M. Kurtz 

Attorney for Plaintiff, Robert Ekness 

4

Case 3:11-cv-02020-AET-TJB Document 18 Filed 01/31/12 Page 4 of 4 PageID: 55