Defendant Prestamos CDFI, LLC's Motion to Dismiss Plaintiffs' Amended Complaint — Marshall v. Prestamos CDFI, LLC

Summary

In this motion dated February 14, 2022 and filed as Document 24 in Case No. 5:21-cv-04337-JMG in the Eastern District of Pennsylvania, defendant Prestamos CDFI, LLC moved under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) to dismiss the plaintiffs' Amended Complaint with prejudice. It argues that the court lacks subject matter jurisdiction, that the plaintiffs cannot state claims under Counts One through Four, and that there is no private right of action under the Coronavirus Aid, Relief, and Economic Security Act. It states that counsel met and conferred with plaintiffs' counsel on February 7, 2022 without resolving the dispute. The motion was signed by Marcel S. Pratt of Ballard Spahr LLP, with Herrera Arellano LLP also listed for the defendant.

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IN THE UNITED STATES DISTRICT COURT 
FOR THE EASTERN DISTRICT OF PENNSYLVANIA 
 
 
ALICIA MARSHALL, DANIEL 
PRONSKY, PARIS TOWNSEND, 
NANCILEE HOLLAND, LEONA 
OWSLEY, KOLAWOLE AHMADOU, 
KIANA DERVIN, KRISTINA 
HENDERSON, DUSTIN INNIS, KELLY 
STALNAKER and JAMIE JONES, 
individually and on behalf of all others 
similarly situated, 
 
 
 
Plaintiffs, 
 
 
 
v. 
 
PRESTAMOS CDFI, LLC, 
 
 
 
 
Defendant. 
 
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Case No. 5:21-cv-04337-JMG 
 
 
 
 
 
 
 
 
DEFENDANT PRESTAMOS CDFI, LLC’S 
MOTION TO DISMISS PLAINTIFFS’ AMENDED COMPLAINT 
Defendant Prestamos CDFI, LLC, hereby moves, pursuant to Federal Rules of Civil 
Procedure 12(b)(1) and 12(b)(6), to dismiss the Amended Complaint, ECF No. 18, with prejudice 
for lack of subject matter jurisdiction and for failure to state a claim upon which relief can be 
granted. 
On February 7, 2022, counsel for Prestamos telephonically met-and-conferred with counsel 
for Plaintiffs to provide notice of this motion to dismiss and outline its substance. Counsel were 
unable to reach a resolution that would eliminate the need for filing this motion. Defendant’s 
position is that the grounds for dismissal under Rules 12(b)(1) and 12(b)(6)—regarding the Court’s 
lack of jurisdiction, Plaintiffs’ inability to state claims under Counts One through Four of the 
Amended Complaint, and the absence of a private right of action under the Coronavirus Aid, 
Case 5:21-cv-04337-JMG     Document 24     Filed 02/14/22     Page 1 of 2

 
 
Relief, and Economic Security Act—do not arise from pleading deficiencies that are curable by 
amendment. See Policies and Procedures of Judge John M. Gallagher § II(B)(5). 
WHEREFORE, Prestamos respectfully requests that the Court enter an order granting its 
Motion to Dismiss and dismissing the Amended Complaint with prejudice. 
 
Dated: February 14, 2022 
BALLARD SPAHR LLP 
 
 
By: /s/ Marcel S. Pratt 
 
 
 
Marcel S. Pratt (Pa. ID 307483) 
 
 
Michael R. McDonald (Pa. ID 326873) 
 
 
Alexa L. Levy (Pa. ID 327973) 
 
 
 
 
 
1735 Market Street, 51st Floor 
 
 
 
 
 
Philadelphia, PA 19103 
 
 
 
 
 
T: 215-665-8500 
 
 
 
 
 
F: 215-864-8999 
 
 
PrattM@ballardspahr.com 
 
 
McDonaldM@ballardspahr.com 
 
 
 
 
 
LevyA@ballardspahr.com 
 
 
 
HERRERA ARELLANO LLP 
 
 
 
 
Roy Herrera* 
 
 
Daniel A. Arellano* 
 
 
Jillian Andrews* 
 
 
530 East McDowell Road 
 
 
Suite 107-150 
 
 
Phoenix, AZ 85004 
 
 
T: 602-567-4820 
 
 
Roy@ha-firm.com 
 
 
Daniel@ha-firm.com 
 
 
Jillian@ha-firm.com 
 
 
 
*pro hac vice admission to be sought 
 
 
 
 
Attorneys for Defendant 
Case 5:21-cv-04337-JMG     Document 24     Filed 02/14/22     Page 2 of 2

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