Chaudhry v. Gallerizzo

174 F.3d 394, 1999 WL 183819
CourtCourt of Appeals for the Fourth Circuit
DecidedApril 5, 1999
DocketNos. 98-1024, 98-1595
StatusPublished
Cited by232 cases

This text of 174 F.3d 394 (Chaudhry v. Gallerizzo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chaudhry v. Gallerizzo, 174 F.3d 394, 1999 WL 183819 (4th Cir. 1999).

Opinion

Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge LUTTIG and Judge KING joined.

OPINION

MURNAGHAN, Circuit Judge:

Plaintiffs, Mohammad and Diana Chau-dhry, filed the present action against Defendants .Michael Gallerizzo and his law firm, Gebhardt & Smith, in the United States District Court for the District of Maryland, alleging various violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.CA. § 1692a, et seq. (West 1998). The district court granted a motion for judgment as a matter of law in favor of Defendants on all counts. In addition, the district court levied sanctions against Plaintiffs and their attorney for filing frivolous claims. We affirm.

I.

NationsBank, N.A. is a national banking association which maintains an office in Bethesda, Maryland. NationsBanc Mortgage Corporation (“NMC”) is a national mortgage provider and is an affiliate of NationsBank, N.A. NMC’s principal office is located in Dallas, Texas. NationsBank, N.A. and NMC are collectively referred to as “NationsBank.”

In 1994, the Chaudhrys decided to move from their home on •' Barnwood Lane (“Barnwood Home”) to a home they planned to build on Inglewood Drive in Potomac, Maryland (the “Inglewood [400]*400Home”). After discussions with Richard Garrard, a NationsBank loan officer, the Chaudhrys took out a home equity line on their Barnwood Home to assist in the purchase of the lot for the Inglewood Home and obtained a construction loan from NMC for the actual construction of the Inglewood Home (the “Construction Loan”).1

When the Chaudhrys defaulted on the Construction Loan by, among other things, failing to pay the required monthly payments of interest, NationsBank transferred all of the Chaudhrys’ personal and business loans to Special Assets, a division of NationsBank, N.A. that deals with problem loans. Special Assets retained Galler-izzo and Gebhardt & Smith to represent the interests of NationsBank in connection with the Chaudhrys’ loan.

After Special Assets assumed' responsibility, the Chaudhrys’ attorney, James Ki-ley, scheduled a meeting for December 21, 1995. The Chaudhrys, Kiley, Michael Fo-del, a supervisor in Special Assets, and Gallerizzo met at the Virginia offices of NationsBank, N.A. Unknown to Galleriz-zo or Fodel, Kiley taperecorded the meeting. Throughout the course of the meeting, Gallerizzo emphasized that no oral agreements could be made at the meeting and that NationsBank would not agree to anything unless the parties signed a written agreement containing a release of any claims the Chaudhrys believed they had against the bank. The Chaudhrys refused to agree to such a release. Gallerizzo also indicated that NationsBank might require the Chaudhrys to pay the full balance of the Construction Loan if no agreement were reached.2

After the December 21st meeting, Fodel instructed Gallerizzo to demand payment from the Chaudhrys. On December 22, 1995, Gallerizzo drafted a demand letter requiring the Chaudhrys to pay the amounts owed under the Construction Loan Documents within thirty days (the “Demand Letter”). The letter set forth the amount owed by the Chaudhrys for principal, interest and inspection fees. In addition, Gallerizzo advised the Chaudhrys that they were also obligated to reimburse the bank for all costs, expenses and attorneys fees which the bank incurred in connection with the matter. Gallerizzo did not demand payment of the attorneys fees or set forth a particular amount of attorneys fees.

On January 4, 1996, Kiley wrote to Gal-lerizzo, disputing the amounts that Nati-onsBank claimed were due. Pursuant to the FDCPA, he requested that Gallerizzo verify the amounts claimed in .the Demand Letter. After receiving Kiley’s January 4th letter, Gallerizzo telephoned Jeffrey Richman, another bank representative in Special Assets, and requested that he confirm the sums that were owed for principal, interest and inspection fees. By letter dated January 18, 1996, Gallerizzo sent Kiley a verification of the indebtedness and assured Kiley that the Chaudhrys did, in fact, owe the verified sums. The next day, Gallerizzo again wrote to Kiley and set forth the amounts necessary to pay off the Construction Loan. Subsequently, in a telephone conversation, Gallerizzo asked Kiley whether he had the information he requested. Kiley responded that he had received everything he needed except for verification of the attorneys’ fees. Galler-izzo discussed with Richman the amount that NMC would accept from the Chau-dhrys in payment of NMC’s attorneys’ fees. On or about January 19, 1996, Rich-man instructed Gallerizzo to accept from the Chaudhrys $8,600, an amount less than [401]*401the actual attorneys’ fees incurred by NMC through that date.

In the course of investigating allegations set forth in- Kiley’s January 4th letter, Gallerizzo identified an issue which he believed could potentially result in liability for NMC. Because NationsBank, N.A. was acting as the servicing agent for NMC and because the Chaudhrys had threatened to sue NMC as the agent of Nations-Bank, N.A., Gallerizzo believed that any potential claim against NationsBank, N.A. could result in a claim against NMC. In order to advise NMC, Gallerizzo instructed an associate of Gebhardt & Smith to research the issue and prepare a research memorandum regarding his findings (the “Research Memorandum”). A redacted portion of the Research Memorandum was admitted into evidence. Gallerizzo billed NMC for the fees incurred in researching the Chaudhrys’ potential defense, and sent the bills to Richman at the offices of Nati-onsBank, N.A.

On January 22, 1996, Kiley wrote to Gallerizzo and indicated that he still needed verification of the- attorneys’ fees. Relying on this letter and his earlier telephone conversation with Kiley, Gallerizzo forwarded copies of the legal bills of Ge-bhardt & Smith but did not forward any additional information regarding the inspection fees. Believing the legal bills contained privileged information, Galleriz-zo used a black marker to redact portions of several time entries on the bills.

Also on January 22, 1996, the Chau-dhrys’ settlement attorney, Diane Fox, forwarded a request to NationsBank for a payoff figure on the Construction Loan, claiming that a meeting to refinance the loan was scheduled on January 25, 1996. At the request of NationsBank, Gallerizzo forwarded to Fox a payoff letter dated January 24,1996.

The Chaudhrys filed the present action on April 8, Í996, alleging violations of the FDCPA and common law fraud claims.3 At the initial pre-trial proceedings, the Chaudhrys demanded unredacted versions of Gebhardt & Smith’s legal bills. The Chaudhrys also demanded the release of the Research Memorandum prepared by Gebhardt & Smith that discussed possible violations of federal statutes. When Gal-lerizzo objected to the disclosure of the information, the Chaudhrys filed motions to compel production.

District Judge Marvin J. Garbis reviewed in camera the unredacted legal bills and the Research Memorandum.4 With respect to the legal bills, Judge Gar-bis confirmed that the items redacted revealed the federal statutes researched by Gebhardt & Smith. The first statute researched was the FDCPA. Consequently, Judge Garbis upheld the claim of privilege but determined that, because the Chau-dhrys had filed suit, there was no harm in disclosing the fact that Gallerizzo had researched the Act.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Doman
District of Columbia Court of Appeals, 2024
Baxley v. Marshall
S.D. West Virginia, 2021
Jammeh v. HNN Associates LLC
W.D. Washington, 2020
v. Roddy
2020 COA 72 (Colorado Court of Appeals, 2020)
Ramos v. LVNV Funding, LLC
379 F. Supp. 3d 437 (E.D. Pennsylvania, 2019)
Long v. Pendrick Capital Partners II, LLC
374 F. Supp. 3d 515 (D. Maryland, 2019)
Dokes v. LTD Fin. Servs., L.P.
328 F. Supp. 3d 1270 (N.D. Alabama, 2018)
Deborah Walton v. EOS CCA
Seventh Circuit, 2018
Under Seal 1 v. United States
870 F.3d 312 (Fourth Circuit, 2017)
John Hatcher v. Ron Ferguson
664 F. App'x 308 (Fourth Circuit, 2016)
Davita Healthcare Partners, Inc. v. United States
128 Fed. Cl. 584 (Federal Claims, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
174 F.3d 394, 1999 WL 183819, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaudhry-v-gallerizzo-ca4-1999.