Arthur L. Lockett and Mamie L. Lockett v. LVNV Funding LLC, Credit One Bank, N.A., US Bank NA, Scott & Associates P.C., Elan Financial Services, Johnson Mark LLC, Michael J. Scott, Matthew W. Cooper, Lacie Elizabeth Friend, Sean Morrissey, Matthew Clark, Victoria Barboza, Lauren Jones, and Gregory Johnson

CourtDistrict Court, E.D. Michigan
DecidedNovember 12, 2025
Docket2:24-cv-12165
StatusUnknown

This text of Arthur L. Lockett and Mamie L. Lockett v. LVNV Funding LLC, Credit One Bank, N.A., US Bank NA, Scott & Associates P.C., Elan Financial Services, Johnson Mark LLC, Michael J. Scott, Matthew W. Cooper, Lacie Elizabeth Friend, Sean Morrissey, Matthew Clark, Victoria Barboza, Lauren Jones, and Gregory Johnson (Arthur L. Lockett and Mamie L. Lockett v. LVNV Funding LLC, Credit One Bank, N.A., US Bank NA, Scott & Associates P.C., Elan Financial Services, Johnson Mark LLC, Michael J. Scott, Matthew W. Cooper, Lacie Elizabeth Friend, Sean Morrissey, Matthew Clark, Victoria Barboza, Lauren Jones, and Gregory Johnson) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Arthur L. Lockett and Mamie L. Lockett v. LVNV Funding LLC, Credit One Bank, N.A., US Bank NA, Scott & Associates P.C., Elan Financial Services, Johnson Mark LLC, Michael J. Scott, Matthew W. Cooper, Lacie Elizabeth Friend, Sean Morrissey, Matthew Clark, Victoria Barboza, Lauren Jones, and Gregory Johnson, (E.D. Mich. 2025).

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ARTHUR L. LOCKETT, and MAMIE L. LOCKETT,

Plaintiffs, Case Number 24-12165 v. Honorable David M. Lawson Magistrate Judge David R. Grand LVNV FUNDING LLC, CREDIT ONE BANK, N.A., US BANK NA, SCOTT & ASSOCIATES P.C., ELAN FINANCIAL SERVICES, JOHNSON MARK LLC, MICHAEL J. SCOTT, MATTHEW W. COOPER, LACIE ELIZABETH FRIEND, SEAN MORRISSEY, MATTHEW CLARK, VICTORIA BARBOZA, LAUREN JONES, and GREGORY JOHNSON,

Defendants. _________________________________________/

OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION AND DISMISSING CASE Presently before the Court is a report issued on June 20, 2025 by Magistrate Judge David R. Grand under 28 U.S.C. § 636(b) recommending that the Court screen the plaintiffs’ complaint under 28 U.S.C. § 1915(e) and dismiss it on the Court’s own motion for failure to state a claim. The plaintiffs’ allegations concern the attempt to collect an alleged debt owed by plaintiff Mamie Lockett — who apparently suffers from some form of dementia — and connected legal proceedings in a Texas state court. However, Judge Grand could not ascertain any viable claim in the complaint, which spans nearly 148 pages and appears to focus primarily on the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et. seq. After the deadline for filing objections to the report and recommendation passed with no word from the plaintiffs, the Court adopted the recommendation and dismissed the case. However, when the Court learned that plaintiff Arthur L. Lockett had made a good faith attempt to file timely objections, only to be foiled by his confusion with the electronic filing system, the Court vacated the dismissal and accepted the objections as timely. Nonetheless, after reviewing them, it is apparent that Judge Grand’s recommendations are correct. The Court will adopt them, and the complaint will be dismissed because it fails to state a cognizable claim.

I. A. Plaintiff Arthur Lockett filed this complaint on August 18, 2024, attempting to bring claims as next friend for his mother, Mamie L. Lockett. The Court granted him leave to proceed without prepaying the filing fee and referred the case to Magistrate Judge Grand under 28 U.S.C. § 636(b) to conduct pretrial proceedings. See ECF Nos. 11, 12. As Judge Grand observed in his report, the complaint spans nearly 150 pages and “is extremely difficult to follow.” Lockett ex rel. v. LVNV Funding LLC, No. 24-12165, 2025 WL 1909316, at *1 (E.D. Mich. June 20, 2025). However, it appears that its main focus is Mr. Lockett’s concern that several individuals and debt collection companies are unfairly taking

advantage of Mrs. Lockett, who is vulnerable because of her age and because she suffers from dementia. Compl., ECF No. 1, PageID.165. Although her relationship to Arthur Lockett is not specified in the complaint, he refers to her as his mother in his objection to the magistrate judge’s report. ECF No. 17, PageID.350. The complaint names fourteen defendants: 1) LVNV Funding LLC; 2) Credit One Bank N.A.; 3) US Bank NA; 4) Scott & Associates P.C.; 5) Elan Financial Services; 6) Johnson Mark LLC; 7) Michael J. Scott; 8) Matthew W. Cooper; 9) Lacie Elizabeth Friend; 10) Sean Morrissey; 11) Matthew Clark; 12) Victoria Barboza; 13) Lauren Jones; and 14) Justice Gregory Johnson. ECF No. 1, PageID.161. Despite its length, the complaint is relatively light on details. Mr. Lockett alleges that an employee of an entity called Resurgent Capital Services L.P. contacted him in response to a “Consumer Financial Protection Bureau (CFPB) inquiry” submitted about one of Mrs. Lockett’s accounts. Id. at 164. The employee informed Mr. Lockett that Resurgent could not communicate

directly with him about the matter because he was not listed as an authorized third-party representative for Mrs. Lockett. Mr. Lockett says that he then filed a complaint in justice court in Bell County, Texas before Justice of the Peace Gregory Johnson, but the complaint was returned to him. The nature of that case is not specified, but according to the docket sheet attached to the complaint, it was connected to two other cases, one of which was non-suited and another of which was “passed appeal time.” ECF No. 1, PageID.165. The complaint in this case proceeds to describe Mrs. Lockett’s various health and financial issues, explaining that she is “well into her 70’s” (although he refers to her as 88 elsewhere), has dementia, struggles to pay her bills, and is alone most of the time. Mr. Lockett accuses the

defendants of “tak[ing] advantage . . . of her” diminished capacity by “contract[ing] loan after loan” with her. Id. at PageID.166. He also says that the defendants are “making[] prohibited[] attempts to collect on a set of time-barred debts,” but further information is not provided. Ibid. Finally, he alleges that Mrs. Lockett’s children have attempted to help her by paying some of the debts. Ibid. As Judge Grand observed, the remainder of the complaint — approximately 140 pages — consists of an extensive list of statutes, court rules, legal terminology, and reference information about dementia and financial abuse of the elderly. Judge Grand also observed that the complaint’s caption mentions Federal Rule of Civil Procedure 60(d)(3), and Mr. Lockett placed a great deal of emphasis on certain provisions of the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, et. seq. Mr. Lockett attached to the complaint several documents from a case in the Bell County, Texas justice court, including a notice for Mrs. Lockett to appear and a “Notice of Nonsuit with

Prejudice” signed by an attorney on behalf of defendant Scott & Associates, P.C. Id. at 310. He also includes materials from a civil case brought by LVNV Funding, LLC against Mrs. Lockett on a debt, id. at PageID.309-13, and a bank statement reflecting an April 2023 payment of $1,925.12 to “SCOTTANDASSOCA” from a Bank of America account held by Mrs. Lockett, id. at PageID.314. Judge Grand found that the connection between these materials and the plaintiff’s claims was not clear. R&R, ECF No. 14, PageID.339. On June 20, 2025, Judge Grand issued a report recommending that the Court screen the case and dismiss the complaint. As stated above, the Court adopted Judge Grand’s recommendation and dismissed the complaint when no timely objections were filed. ECF No. 15. However, Mr. Lockett eventually filed an objection on July 14, 2025 via the pro se upload portal.

The Court consulted with the Clerk of Court, who confirmed that she had communicated with Mr. Lockett, and he believed he had successfully uploaded his objections on June 30, 2025, which would have been within the deadline to object. See Fed. R. Civ. P. 72(b)(2). When Mr. Lockett inquired of the Clerk’s office about the status of his objections, he discovered that he did not complete a security verification step. Under the circumstances, the Court vacated its prior order dismissing the case and the corresponding judgment. ECF No. 18. B. Judge Grand screened the complaint for merit under 28 U.S.C. § 1915

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Arthur L. Lockett and Mamie L. Lockett v. LVNV Funding LLC, Credit One Bank, N.A., US Bank NA, Scott & Associates P.C., Elan Financial Services, Johnson Mark LLC, Michael J. Scott, Matthew W. Cooper, Lacie Elizabeth Friend, Sean Morrissey, Matthew Clark, Victoria Barboza, Lauren Jones, and Gregory Johnson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/arthur-l-lockett-and-mamie-l-lockett-v-lvnv-funding-llc-credit-one-mied-2025.