Amaya v. Sentry Credit Inc

CourtDistrict Court, W.D. Washington
DecidedSeptember 4, 2025
Docket2:24-cv-00196
StatusUnknown

This text of Amaya v. Sentry Credit Inc (Amaya v. Sentry Credit Inc) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amaya v. Sentry Credit Inc, (W.D. Wash. 2025).

Opinion

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3 4 5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 9 10 ALEJANDRO OSORIO AMAYA, 11 Plaintiff, C24-0196 TSZ 12 v. ORDER SENTRY CREDIT, INC., 13 14 Defendant. 15 16 THIS MATTER comes before the Court on Plaintiff’s motion for partial summary 17 judgment, docket no. 34, Plaintiff’s motion to strike, docket no. 49, Defendant’s motion 18 for summary judgment, docket no. 36, and Defendant’s motion to strike, docket no. 42. 19 Having reviewed all papers filed in support of, and in opposition to, the motions, the 20 Court enters the following order. 21 / / / 22 / / / 1 Background 2 In early August 2023, Plaintiff Alejandro Osario Amaya learned that Defendant

3 Sentry Credit, Inc. had reported to three major credit bureaus that he owed approximately 4 $14,000.00 in debt1 related to a residential lease with Vista Property Management. First 5 Amaya Decl. at ¶ 4, Ex. A (docket no. 34-1); see also Notice of Removal, Ex. 1 at ¶ 5 6 (docket no. 1-1) (hereafter “Compl.”). Plaintiff was surprised to learn about this debt 7 collection because he did not owe the debt assigned to him. First Amaya Decl. at ¶ 5, Ex. 8 A (docket no. 34-1). On August 14, 2023, Plaintiff called Defendant’s office and

9 informed a representative that the assigned debt did not belong to him. Id. at ¶ 7. The 10 representative asked him to electronically send to Defendant his identifying documents. 11 Id. at ¶ 8. Wanting to keep his identifying information as private as possible, Plaintiff 12 drove to Defendant’s office that same day and provided the representative with forms of 13 identification. Id. at ¶ 9. During the visit, Plaintiff was given the “Collection Letter,” see

14 First Amaya Decl., Ex. A (docket no. 34-1), which was assigned to “Alex Osario-Amaya 15 Gomez,” and in which a copy of a lease agreement signed by “Alex O. Gomez Amaya” 16 was contained, see Dep. at 117:1–5 (docket no. 43). He was also provided the “Identity 17 Theft Affidavit” for him to fill out, see First Amaya Decl., Ex. B (docket no. 34-1), which 18 was addressed to “Alex Osario-Amaya Gomez,” see id. Plaintiff was informed that the

19 debt Defendant reported was “linked” to his name and social security number. See 20 Compl. at ¶ 13 (docket no. 1-1). 21 22 1 This debt had been reported in February 2023. See Compl. at ¶ 6 (docket no. 1-1). 1 Over the next month, Plaintiff had multiple calls with Defendant’s representatives. 2 See First Mathis Decl., Ex. 1 (docket no. 36-2). He also spoke with the individual named

3 on the Collection Letter and Identity Theft Affidavit, see Dep. at 128:1–6 (docket no. 43), 4 and with Vista Property Management, see id. at 136:23. During one call with Defendant, 5 Plaintiff was told that the entry of the debt had been deleted from his credit report. First 6 Amaya Decl. at ¶ 19 (docket no. 34-1). 7 Plaintiff brings this lawsuit against Defendant for alleged violations of the Fair 8 Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692, et seq., Washington’s

9 Consumer Protection Act (“CPA”), Revised Code of Washington (“RCW”) 19.86.090, 10 and the Washington Collection Agency Act (“WCAA”), RCW 19.16.250. See Compl. 11 (docket no. 1-1). Plaintiff initially filed this suit in King County Superior Court on 12 January 10, 2024, and on February 12, 2024, the case was removed to this Court. See 13 Notice of Removal (docket no. 1). On June 18, 2025, Plaintiff filed a motion for partial

14 summary judgment2 (“Plaintiff’s Summary Judgment Motion”), requesting the Court find 15 Defendant liable under the FDCPA, CPA, and WCAA. See Pl. Mot. (docket no. 34). On 16 June 20, 2025, Defendant filed a cross motion for summary judgment (“Defendant’s 17 Summary Judgment Motion”) as to all claims. See Def. Mot. (docket no. 36). In its reply 18 to its Summary Judgment Motion, Defendant moved to strike an exhibit included by

19 Plaintiff, see docket no. 42. Plaintiff filed a surreply, docket no. 49, in which he moved to 20 strike documents and arguments by Defendant. 21 22 2 Plaintiff does not seek summary judgment on damages. See Pl. Mot. (docket no. 34). 1 Discussion 2 A. Motions to Strike

3 1. Legal Standard 4 Under Federal Rule of Civil Procedure 12(f), “[t]he court may strike from a 5 pleading an insufficient defense or any redundant, immaterial, impertinent, or scandalous 6 matter.” “[T]he function of a 12(f) motion to strike is to avoid the expenditure of time 7 and money that must arise from litigating spurious issues by dispensing with those issues 8 prior to trial.” Sidney-Vinstein v. A.H. Robins Co., 697 F.2d 880, 885 (9th Cir. 1983).

9 Motions to strike under Rule 12(f) are disfavored and are infrequently granted. Ocean 10 Garden Products Inc. v. Blessings Inc., 2019 WL 396873, at *1 (D. Ariz. Jan. 29, 2019). 11 “Requests to strike material contained in or attached to submission of opposing parties 12 shall not be presented in a separate motion to strike, but shall instead be included in the 13 responsive brief, and will be considered with the underlying motion.” Local Civil Rule

14 7(g). The decision to strike said material rests solely in the court’s discretion. See Ski 15 Lifts, Inc. v. Schaeffer Mfg. Co., 2020 WL 1128207, at *1 (W.D. Wash. Mar. 6, 2020) 16 (citing Canady v. Erbe Elektromedizin GmbH, 307 F. Supp. 2d 2, 7 (D.D.C. 2004)). 17 In this case, both Defendant’s motion to strike and Plaintiff’s motion to strike were 18 properly brought under the Local Rules. The Court addresses both motions in turn.

19 2. Defendant’s Motion to Strike 20 In its response to Plaintiff’s Summary Judgment Motion, Defendant moves to 21 strike Exhibit C of the First Amaya Declaration pursuant to Local Civil Rule 7(g). See 22 Def. Resp. at 7–8 (docket no. 42). Exhibit C appears to depict a screenshot of an online 1 notification generated on September 3, 2023, that reads “SENTRY CREDIT INC” and 2 “The information you disputed has been verified as accurate[].” See First Amaya Decl.,

3 Ex. C (docket no. 34-1). 4 Because the Court did not rely on Exhibit C in resolving the cross motions for 5 summary judgment, Defendant’s motion to strike, docket no. 42, is DENIED as MOOT. 6 3. Plaintiff’s Motion to Strike 7 Plaintiff’s surreply, docket no. 49, is construed as a motion to strike. See Min. Ord. 8 (docket no. 50). Defendant responded, docket no. 51, and Plaintiff replied, docket no. 53.

9 In the Motion to Strike, Plaintiff requests the Court strike the copy of an alleged call 10 transcript between Plaintiff and a representative of Defendant, the copy of the collection 11 letter sent by Defendant on February 10, 2023, and any references to either document. 12 See Second Mathis Decl., Exs. 1 & 2 (docket no. 46). Plaintiff also requests the Court 13 strike Defendant’s arguments related to the bona fide error defense under the FDCPA it

14 raised in its reply. 15 The Court GRANTS Plaintiff’s Motion to Strike as to pages 10–13 of Exhibit 1 16 because they are a transcript of a call between an agent and a non-party. See Resp. at 7 17 (docket no. 51). As to the remaining pages of Exhibit 1 and all of Exhibit 2, the Court 18 DENIES the Motion to Strike as MOOT because it did not rely on these materials in

19 resolving the cross motions for summary judgment. 20 Plaintiff also moves to strike Defendant’s bona fide error defense arguments raised 21 in its reply, docket no.

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