Bartlett v. Blaser, Sorensen & Oleson, Chartered

27 F. Supp. 3d 1092, 2014 WL 2780462, 2014 U.S. Dist. LEXIS 85205
CourtDistrict Court, D. Idaho
DecidedJune 19, 2014
DocketCase No. 4:13-cv-00017-REB
StatusPublished
Cited by3 cases

This text of 27 F. Supp. 3d 1092 (Bartlett v. Blaser, Sorensen & Oleson, Chartered) is published on Counsel Stack Legal Research, covering District Court, D. Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bartlett v. Blaser, Sorensen & Oleson, Chartered, 27 F. Supp. 3d 1092, 2014 WL 2780462, 2014 U.S. Dist. LEXIS 85205 (D. Idaho 2014).

Opinion

MEMORANDUM DECISION AND ORDER RE:

DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Docket No. 19)

PLAINTIFF’S MOTION TO COMPEL (Docket No. 21)

DEFENDANTS’ AMENDED MOTION FOR SUMMARY JUDGMENT (Docket No. 26)

PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (Docket No. 38)

PLAINTIFF’S MOTION TO AMEND TO SEEK PUNITIVE DAMAGES (Docket No. 39)

PLAINTIFF’S AMENDED MOTION FOR SUMMARY JUDGMENT (Docket No. 49)

RONALD E. BUSH, United States Magistrate Judge.

Now pending before the Court are the following motions: (1) Defendants’ Motion for Summary Judgment (Docket No. 19), (2) Plaintiffs Motion to Compel (Docket No. 21), (3) Defendants’ Amended Motion for Summary Judgment (Docket No. 26), (4) Plaintiffs Motion for Summary Judgment (Docket No. 38), (5) Plaintiffs Motion to Amend to Seek Punitive Damages (Docket No. 39), and (6) Plaintiffs Amended Motion for Summary Judgment (Docket No. 49). Having carefully considered the record, participated in oral argument,1 and otherwise being fully advised, the Court enters the following Memorandum Decision and Order:

I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

1. In late May/early June 2011, Plaintiff performed plumbing work for Rebecca and Robert Trigg (the “Triggs”) at the Triggs’ residence in Pocatello, Idaho. See Defs.’ SOF Nos. 5-7 (Docket No. 20, Att. 1) (citing Ex. A to Blaser Deck ¶ 6 (Docket No. 20, Att. 2)).

2. On August 30, 2011, the Triggs’ insurer, Property , & Casualty Insurance Company of Hartford (“Hartford”), sent a letter to Plaintiff indicating that the Triggs were making a claim for water damage, stating that the damages resulted from Plaintiffs negligence and requesting that Plaintiff pay the claim amount of $10,344.69. See id. at No. 8 (citing Ex. B to Blaser Decl. ¶ 7 (Docket No. 20, Att. 2) (“This company carries insurance for the above-named insured. Under the coverage provisions of our policy we were obli[1095]*1095gated to pay damages in the above amount. Our investigation indicates that the damages resulted from your negligence.”)).

3. On September 27, 2011, Plaintiffs insurer, American National Property and Casualty (“ANPAC”), sent a letter to Hartford denying Hartford’s claim and concluding that the damages were not the result of Plaintiffs negligence. See id. at No. 10 (citing Ex. C to Blaser Decl. ¶ 8 (Docket No. 20, Att. 2) (“Our insured advises when he responded to the call to repair the leak at your insured’s home, he found water damage which appeared to have been there for one to two months. Our insured responded to the work order ... and did the repairs as needed. This water damage was not a result of our insured’s negligence.”)).

4. On September 30, 2011, Hartford sent Plaintiff another letter demanding that Plaintiff satisfy the loss resulting from his alleged negligence. See id. at No. 11 (citing Ex. D to Blaser Decl. ¶ 9 (Docket No. 20, Att. 2) (“We have not received a , response from you to our previous requests for reimbursement. This is your final opportunity to resolve this matter amicably. The Hartford has now prepared this matter to be sent to our legal counsel to pursue collection on the above referenced loss.”)).

5. On October 25, 2011, ANPAC sent another letter to Hartford, again denying the claim on the basis that Plaintiff was not negligent. See id. at No. 12 (citing Ex. E to Blaser Decl. ¶ 10 (Docket No. 20, Att. 2) (“Our insured advises when he responded to the call to repair the leak at your insured’s home, he found water damage which appeared to have been there for one to two months. Our insured responded to the work order ... and did the repairs as needed. This water damage was not a result of our insured’s negligence.”)).

6. On August 14, 2012, Defendant Blaser, on Hartford’s behalf, wrote to Plaintiff, indicating his representation of Hartford and seeking collection for a water damage loss claim that occurred on May 21, 2011. See id. at No. 13 (citing Ex. F to Blaser Decl. ¶ 11 (Docket No. 20, Att. 2)). That letter asserted the claim was delinquent and in arrears totaling $10,344.69. See id. Additionally, it said: “YOU ARE HEREBY NOTIFIED THAT WE ARE ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.” Id. (emphasis in original). Apparently, Plaintiff never received the letter. See id. at Nos. 14-15 (citing Exs. G & H to Blaser Decl. ¶ 12 (Docket No. 20, Att. 2)).

7. On September 25, 2012, Defendants, on Hartford’s behalf, filed a complaint against Plaintiff in the Seventh Judicial District of the State of Idaho, Bingham County (the “state court action”). See id. at No. 16 (citing Ex. I to Blaser Decl. ¶ 13 (Docket No. 20, Att. 2)). In pertinent part, the state court action alleges:

That Defendant [ (in the state court action, but Plaintiff in this action) ] owes Plaintiff [ (in the state court action, but Defendants here) ] the sum of $10,344.69, together with interest at the rate of 12% and carrying charges as allowed by law from July 5th, 2012, for goods and/or monies loaned to Defendant [ (in the state court action, but Plaintiff in this action) ] by Plaintiff [ (in the state court action, but Defendants here) ]....

See id. According to Defendants themselves, the state court action “appears like a debt collection, but is intended to be a subrogation claim for Hartford’s payment of damages incurred by its insureds, the Triggs, as a result of Bartlett’s alleged negligence.” Id.

[1096]*10968. On October 7, 2012, Plaintiff (in this action, but the defendant in the state court action) was served with the state court action’s complaint. See id. at No. 17 (citing Blaser Decl. ¶ 14 (Docket No. 20, Att. 2)). On October 22, 2012, Plaintiffs counsel made an appearance in the state court action and filed a motion for change of venue. See id. at No. 18 (citing Ex. J to Blaser Decl. ¶ 15 (Docket No. 20, Att. 2)).2

9. On November 2, 2012, Hartford and Plaintiff (in this action, but the defendant in the state court action) executed and filed a stipulation for change of venue in the state court action. See id. at No. 20 (citing Ex. L to Blaser Decl. ¶ 17 (Docket No. 20, Att. 2)).

10. On November 6, 2012, an order was entered in the state court action transferring venue from Bingham County, Idaho to Jefferson County, Idaho. See id. at No. 21 (citing Ex. M to Blaser Decl. ¶ 18 (Docket No. 20, Att. 2)).

11. On December 21, 2012 attorney Smith (the defendant’s original attorney in the state court action, and, now, Plaintiffs attorney in this action) sent a letter to Defendant Blaser demanding payment of $641.40 in fees and costs incurred in the preparing and filing the motion for change of venue. See id. at Ño. 25 (citing Ex. Q to Blaser Decl. ¶ 22 (Docket No. 20, Att. 2)). In his letter, attorney Smith characterized Hartford’s complaint in the state court action as an effort “to collect a consumer debt” and that “[y]our filing a lawsuit against [Plaintiff] in a county where he does not reside is contrary to law.” Id.

12.

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Bluebook (online)
27 F. Supp. 3d 1092, 2014 WL 2780462, 2014 U.S. Dist. LEXIS 85205, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartlett-v-blaser-sorensen-oleson-chartered-idd-2014.