Johnson v. Trott & Trott P.C.

829 F. Supp. 2d 564, 2011 U.S. Dist. LEXIS 126515, 2011 WL 5277061
CourtDistrict Court, W.D. Michigan
DecidedNovember 2, 2011
DocketCase No. 2:11-cv-5
StatusPublished
Cited by3 cases

This text of 829 F. Supp. 2d 564 (Johnson v. Trott & Trott P.C.) is published on Counsel Stack Legal Research, covering District Court, W.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Trott & Trott P.C., 829 F. Supp. 2d 564, 2011 U.S. Dist. LEXIS 126515, 2011 WL 5277061 (W.D. Mich. 2011).

Opinion

MEMORANDUM

R. ALLAN EDGAR, District Judge.

Plaintiff Erik Wayne Johnson filed this pro se lawsuit against defendants Trott & Trott, P.C. (“Trott & Trott”) and Trott & Trott employee Katie Dimitriou (collectively, “Defendants”). The suit arises out of foreclosure proceedings on real property owned by Plaintiff. Defendants are a law firm who instituted the nonjudicial foreclosure on behalf of their client. Plaintiff brought this suit, alleging Fair Debt Collections Practices Act violations and a number of state law claims. Presently before the Court is Defendants’ “Motion for Order of Dismissal/Summary Judgment.” Doc. No. 19. In their motion, Defendants request that Plaintiffs claims be dismissed on the pleadings, pursuant to Fed.R.Civ.P. 12(c), or alternatively that they be granted summary judgment, pursuant to Fed.R.Civ.P. 56(c). The Court has reviewed this motion, along with Plaintiffs response [Doc. No. 20], and the matter is now ready for decision.

Judgment on the Pleadings

A Federal Rule of Civil Procedure 12(c) motion has the same standard of review as a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted. Fritz v. Charter Twp. of Comstock, 592 F.3d 718, 722 (6th Cir.2010) (internal citations omitted). In reviewing a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6), a court “must read all well-pleaded allegations of the complaint as true.” Weiner v. Klais and Co., Inc., 108 F.3d 86, 88 (6th Cir.1997), citing Bower v. Fed. Express Corp., 96 F.3d 200, 203 (6th Cir.1996). In addition, a court must construe all allegations in the light most favorable to the plaintiff. Bower, 96 F.3d at 203, citing Sinay v. Lamson & Sessions, 948 F.2d 1037, 1039 (6th Cir.1991).

The Supreme Court has explained “an accepted pleading standard” that “once a claim has been stated adequately, it may be supported by showing any set of facts consistent with the allegations in the complaint.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 546, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The complaint “must contain either direct or inferential allegations with respect to all material elements necessary to sustain a recovery under some viable legal theory.” Weiner, 108 F.3d at 88, citing In re DeLorean Motor Co., 991 F.2d 1236, 1240 (6th Cir.1993). In Twombly, the Supreme Court emphasized that:

[w]hile a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiffs obligation to provide the “grounds” of his “entitle[ment] to relief’ requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do, ... Factual allegations must be enough to raise a right to relief above the speculative level, on the assumption that all the allegations in the complaint are true (even if doubtful in fact).

550 U.S. at 555, 127 S.Ct. 1955 (internal citations omitted).

The Supreme Court has clarified that Twombly is not limited “to pleadings made in the context of an antitrust dispute.” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. [568]*5681937, 1953, 173 L.Ed.2d 868 (2009). The Court emphasized that “though Twombly determined the sufficiency of a complaint sounding in antitrust, the decision was based on our interpretation and application of Rule 8. That Rule in turn governs the pleadings standard ‘in all civil actions[.]’ ” Id., citing Twombly, 550 U.S. at 555-56, 127 S.Ct. 1955.

When reviewing a Rule 12(b)(6) motion to dismiss, “a district court may not consider matters beyond the complaint.” Winget v. JP Morgan Chase Bank, N.A., 537 F.3d 565, 575 (6th Cir.2008), citing Kostrzewa v. City of Troy, 247 F.3d 633, 643 (6th Cir.2001). However, matters of public record, along with orders, items appearing in the case record, exhibits attached to the complaint, and documents referred to in the complaint and central to the plaintiffs claim, may all be considered in deciding a Rule 12(b)(6) motion. See New England Health Care Employees Pension Fund v. Ernst & Young, LLP, 336 F.3d 495, 501 (6th Cir.2003); Amini v. Oberlin College, 259 F.3d 493, 502 (6th Cir.2001); Hamlin v. Baptist Memorial Hospital, 2011 WL 902351 at *2 (W.D.Tenn.2011).

Summary Judgment

Summary judgment is only appropriate if there are no genuine issues of material fact in dispute and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Van Gorder v. Grand Trunk Western Railroad, Inc., 509 F.3d 265, 268 (6th Cir.2007). Material facts are those facts that might affect the outcome of the action under the governing substantive law. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Talley v. Bravo Pitino Restaurant, Ltd., 61 F.3d 1241, 1245 (6th Cir.1995).

In deciding a summary judgment motion, the Court must view the facts in the record and all reasonable inferences that can be drawn from those facts in the light most favorable to Plaintiff. Anderson, 477 U.S. at 251-52, 106 S.Ct. 2505; Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). The Court cannot weigh the evidence, judge credibility of witnesses, or determine the truth of matters reasonably in dispute. Anderson, 477 U.S. at 249, 106 S.Ct. 2505; Talley, 61 F.3d at 1245.

Defendants bear the initial burden of demonstrating there are no genuine issues of material fact in dispute.

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

Related

Hershey 255571 v. Harwood
W.D. Michigan, 2025
James v. Nationstar Mortgage, LLC
92 F. Supp. 3d 1190 (S.D. Alabama, 2015)
Newman v. Trott & Trott, P.C.
889 F. Supp. 2d 948 (E.D. Michigan, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
829 F. Supp. 2d 564, 2011 U.S. Dist. LEXIS 126515, 2011 WL 5277061, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-trott-trott-pc-miwd-2011.