Durthaler v. Accounts Receivable Management, Inc.

854 F. Supp. 2d 485, 2012 WL 1202027, 2012 U.S. Dist. LEXIS 57591
CourtDistrict Court, S.D. Ohio
DecidedApril 9, 2012
DocketCase No. 2:10-cv-01068
StatusPublished
Cited by14 cases

This text of 854 F. Supp. 2d 485 (Durthaler v. Accounts Receivable Management, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Durthaler v. Accounts Receivable Management, Inc., 854 F. Supp. 2d 485, 2012 WL 1202027, 2012 U.S. Dist. LEXIS 57591 (S.D. Ohio 2012).

Opinion

OPINION AND ORDER

EDMUND A. SARGUS, JR., District Judge.

This matter is now before the Court on the Defendant’s motion for summary judgment (Doc. No. 27), which is GRANTED and the Plaintiffs motion for partial summary judgment (Doc. No. 39), which is DENIED.

I. BACKGROUND

This is an action under the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq. The Plaintiff, Michael Durthaler, purchased a 2005 Chevrolet Colorado and financed the vehicle through Nuvell National Auto Finance (“Nuvell”). After several periods of failing to maintain current payments, the Plaintiff surrendered the vehicle to Nuvell in approximately June 2010. At that time, the Plaintiff owed approximately $13,000 on the vehicle.

In August 2010, the Defendant, Accounts Receivable Management (“ARM”), initiated contact with the Plaintiff in an effort to collect the outstanding balance owed to Nuvell. The Defendant made 32 telephone calls in an attempt to collect the debt owed by the Plaintiff. Two of the calls were made to the Plaintiffs roommate, who is also his landlord. Following the first call to his roommate, the Plaintiff requested that the Defendant not call that number again. After that request, the Defendant once again called the roommate. Thereafter, the Plaintiff telephoned the Defendant and asked it not to call his roommate and also informed it, inter alia, that he could not currently pay the debt. Am. Compl. Ex. A.

On November 15, 2011, the Defendant moved for summary judgment. (Doc. No. 27.) The Plaintiff filed his memorandum in opposition on December 23, 2011 (Doc. No. 44), and on January 6, 2012, the Defendant filed its reply brief (Doc. No 45). The Plaintiff filed a notice of supplemental authority to its memorandum in opposition on February 28, 2012. (Doc. No. 50.)

On November 29, 2011, the Plaintiff filed a motion for partial summary judgment (Doc. No. 39), and on December 20, 2011, the Defendant filed its memorandum in opposition (Doc. No. 43). The Plaintiff did not file a reply brief and the time to do so has passed.

II. STANDARD

Summary judgment is appropriate “if the movant shows that there is no genuine issue as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The Court may therefore grant a motion for summary judgment if the nonmoving party who has the burden of proof at trial fails to make a showing sufficient to establish the existence of an element that is essential to that party’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

The “party seeking summary judgment always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions” of the record which demonstrate “the absence of a genuine issue of material fact.” Id. at 323, 106 S.Ct. 2548. The burden then shifts to the nonmoving party who “must set forth specific facts showing that there is a genuine issue for trial.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (quoting Fed.R.Civ.P. 56). “The evidence of the nonmovant is to be believed, and all justifiable inferences are to be [488]*488drawn in his favor.” Id. at 255, 106 S.Ct. 2505 (citing Adickes v. S.H. Kress & Co., 398 U.S. 144, 158-59, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970)). A genuine issue of material fact exists if the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Liberty Lobby, Inc., 477 U.S. at 248, 106 S.Ct. 2505. See also Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (the requirement that a dispute be “genuine” means that there must be more than “some metaphysical doubt as to the material facts”). Consequently, the central issue is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Id. at 251-52, 106 S.Ct. 2505.

In the instance case, the parties have filed cross-motions for summary judgment. Each party, as a movant for summary judgment, bears the burden of establishing that no genuine issue of material fact exists and that he or it is entitled to a judgment as a matter of law. The fact that one party fails to satisfy that burden on his or its own Rule 56 motion does not automatically indicate that the opposing party or parties has satisfied the burden and should be granted summary judgment on the other motion. In reviewing cross-motions for summary judgment, courts should “evaluate each motion on its own merits and view all facts and inferences in the light most favorable to the non-moving party.” Wiley v. United States, 20 F.3d 222, 224 (6th Cir.1994). “The filing of cross-motions for summary judgment does not necessarily mean that the parties consent to resolution of the case on the existing record or that the district court is free to treat the case as if it was submitted for final resolution on a stipulated record.” Taft Broad. Co. v. United States, 929 F.2d 240, 248 (6th Cir.1991) (quoting John v. State of La. (Bd. of Trs. for State Colls. & Univs.), 757 F.2d 698, 705 (5th Cir.1985)). The standard of review for cross-motions for summary judgment does not differ from the standard applied when a motion is filed by one party to the litigation. Taft Broad., 929 F.2d at 248.

III. ANALYSIS

The Plaintiff alleges that the Defendant violated the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. Congress enacted the FDCPA to protect consumers by eliminating abusive, deceptive, and unfair debt collection practices. Barany-Snyder v. Weiner, 539 F.3d 327, 332-33 (6th Cir.2008). The statute is “ ‘extraordinarily broad,’ crafted in response to what Congress perceived to be a widespread problem.” Id. at 333 (quoting Frey v. Gangwish, 970 F.2d 1516, 1521 (6th Cir.1992)).

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

Related

Hrdlicka v. Bruce
E.D. Kentucky, 2022
McClanahan v. Medicredit
M.D. Tennessee, 2020
Thompson v. Midland Funding, LLC
375 F. Supp. 3d 774 (E.D. Kentucky, 2019)
Valentine & Kebartas, Inc. v. Gary J. Lenahan
801 S.E.2d 431 (West Virginia Supreme Court, 2017)
Pruden v. CitiMortgage
2014 DNH 115 (D. New Hampshire, 2014)
Bourne v. Mapother & Mapother, P.S.C.
998 F. Supp. 2d 495 (S.D. West Virginia, 2014)
Pace v. Portfolio Recovery Associates, LLC
872 F. Supp. 2d 861 (W.D. Missouri, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
854 F. Supp. 2d 485, 2012 WL 1202027, 2012 U.S. Dist. LEXIS 57591, Counsel Stack Legal Research, https://law.counselstack.com/opinion/durthaler-v-accounts-receivable-management-inc-ohsd-2012.