HERALD v. LVNV FUNDING LLC

M.D. Georgia

HERALD v. LVNV FUNDING LLC

DecidedMay 11, 2023

Docket5:21-cv-00447

StatusUnknown

This text of HERALD v. LVNV FUNDING LLC (HERALD v. LVNV FUNDING LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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HERALD v. LVNV FUNDING LLC, (M.D. Ga. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

JASON HERALD, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:21-cv-447 (MTT) ) LVNV FUNDING LLC, ) ) ) Defendant. ) __________________ )

ORDER On December 20, 2021, Plaintiff Jason Herald filed a lawsuit alleging Defendant LVNV Funding LLC violated the Fair Debt Collection Practice Act (“FDCPA”) when LVNV failed to remove a dispute comment from Herald’s credit disclosures. Doc. 1. Herald and LVNV both moved for summary judgment. Docs. 26; 27. LVNV argued that Herald did not have standing to assert a claim under the FDCPA because he has not suffered a concrete injury. Doc. 26-2 at 7. On March 15, 2023, the Court convened a hearing to address the standing issues LVNV raised in its motion for summary judgment. Docs. 34; 35. The Court ordered the parties to provide supplemental briefing on the issue of standing. Docs. 34 at 2; 35 at 26:3-8. In response, Herald filed a motion to voluntarily dismiss this action with prejudice. Doc. 36. Herald states “[c]onsidering recent opinions” that “were issued within the last few months and did not exist when [he] filed this action,” he “has decided to not pursue [his] claims any further.” Id. at 1-2. “[I]n most cases a voluntary dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit.” Fisher v. Puerto Rico Marine Mgmt., Inc., 940 F.2d 1502, 1502-03 (11th Cir. 1991) (citing Durham v. Fla. E. Coast Ry. Co., 385 F.2d 366, 368 (5th Cir. 1967)). “[T]he decision whether or not to grant such a dismissal is within the sound discretion of the district court and reviewable only for abuse of discretion.” Id.

(citing LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 604 (5th Cir. 1976)). Here, LVNV “agrees with [Herald] that the Court should dismiss” Herald’s claims. Doc. 37 at 2. Therefore, dismissal is proper. Accordingly, Herald’s motion to dismiss (Doc. 36) is GRANTED and Herald’s complaint (Doc. 1) is DISMISSED with prejudice. Additionally, Herald’s and LVNV’s motions for summary judgment (Docs. 26; 27) are DENIED as moot. SO ORDERED, this 11th day of May, 2023. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION

JASON HERALD, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:21-cv-447 (MTT) ) LVNV FUNDING LLC, ) ) ) Defendant. ) __________________ )

ORDER On December 20, 2021, Plaintiff Jason Herald filed a lawsuit alleging Defendant LVNV Funding LLC violated the Fair Debt Collection Practice Act (“FDCPA”) when LVNV failed to remove a dispute comment from Herald’s credit disclosures. Doc. 1. Herald and LVNV both moved for summary judgment. Docs. 26; 27. LVNV argued that Herald did not have standing to assert a claim under the FDCPA because he has not suffered a concrete injury. Doc. 26-2 at 7. On March 15, 2023, the Court convened a hearing to address the standing issues LVNV raised in its motion for summary judgment. Docs. 34; 35. The Court ordered the parties to provide supplemental briefing on the issue of standing. Docs. 34 at 2; 35 at 26:3-8. In response, Herald filed a motion to voluntarily dismiss this action with prejudice. Doc. 36. Herald states “[c]onsidering recent opinions” that “were issued within the last few months and did not exist when [he] filed this action,” he “has decided to not pursue [his] claims any further.” Id. at 1-2. “[I]n most cases a voluntary dismissal should be allowed unless the defendant will suffer some plain prejudice other than the mere prospect of a second lawsuit.” Fisher v. Puerto Rico Marine Mgmt., Inc., 940 F.2d 1502, 1502-03 (11th Cir. 1991) (citing Durham v. Fla. E. Coast Ry. Co., 385 F.2d 366, 368 (5th Cir. 1967)). “[T]he decision whether or not to grant such a dismissal is within the sound discretion of the district court and reviewable only for abuse of discretion.” Id.

(citing LeCompte v. Mr. Chip, Inc., 528 F.2d 601, 604 (5th Cir. 1976)). Here, LVNV “agrees with [Herald] that the Court should dismiss” Herald’s claims. Doc. 37 at 2. Therefore, dismissal is proper. Accordingly, Herald’s motion to dismiss (Doc. 36) is GRANTED and Herald’s complaint (Doc. 1) is DISMISSED with prejudice. Additionally, Herald’s and LVNV’s motions for summary judgment (Docs. 26; 27) are DENIED as moot. SO ORDERED, this 11th day of May, 2023. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT

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HERALD v. LVNV FUNDING LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herald-v-lvnv-funding-llc-gamd-2023.

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