Medina v. Portfolio Recovery Associates, LLC

District Court, D. Nevada·Decided August 12, 2025·No. 2:25-cv-00470·Unknown

Opinion

DISTRICT OF NEVADA Omnibus Order Overruling Defendant’s Objection to the Magistrate Judge’s Report & Recommendation, Modifying and

Adopting the R&R, Denying Plaintiffs’ Motions for Leave, and Remanding Cases

Delicha Johnson v. Portfolio Recovery Case No. 2:25-cv-00467-CDS-MDC Associates, LLC _________________________________________________

Brooklyn Richards v. Portfolio Recovery Case No. 2:25-cv-00468-CDS-MDC Associates, LLC _________________________________________________

Christopher Hicks v. Portfolio Recovery Case No. 2:25-cv-00469-CDS-MDC Associates, LLC _________________________________________________

Frank Medina v. Portfolio Recovery Case No. 2:25-cv-00470-CDS-MDC Associates, LLC _________________________________________________

Diana Serotta v. Portfolio Recovery Case No. 2:25-cv-00471-CDS-MDC Associates, LLC _________________________________________________

John Lepore v. Portfolio Recovery Associates, Case No. 2:25-cv-00474-CDS-MDC LLC _________________________________________________

Joseline Lugo v. Portfolio Recovery Case No. 2:25-cv-00475-CDS-MDC Associates, LLC _________________________________________________

Kim Sisemore v. Portfolio Recovery Case No. 2:25-cv-00477-CDS-MDC Associates, LLC _________________________________________________

Mark Carson v. Portfolio Recovery Case No. 2:25-cv-00478-CDS-MDC Associates, LLC _________________________________________________ Maria Argueta v. Portfolio Recovery Case No. 2:25-cv-00479-CDS-MDC Associates, LLC Olga Granados v. Portfolio Recovery Case No. 2:25-cv-00480-CDS-MDC Associates, LLC _________________________________________________

Mariolis Prieto v. Portfolio Recovery Case No. 2:25-cv-00481-CDS-MDC Associates, LLC _________________________________________________ Ulises Ramirez v. Portfolio Recovery Case No. 2:25-cv-00482-CDS-MDC Associates, LLC _________________________________________________

Mauricio Rivera v. Portfolio Recovery Case No. 2:25-cv-00483-CDS-MDC Associates, LLC _________________________________________________

Patricia Hutchinson v. Portfolio Recovery Case No. 2:25-cv-00484-CDS-MDC Associates, LLC _________________________________________________

Tom Faneuff v. Portfolio Recovery Case No. 2:25-cv-00486-CDS-MDC Associates, LLC _________________________________________________ Vessela Popstoyanova v. Portfolio Recovery Case No. 2:25-cv-00490-CDS-MDC Associates, LLC _________________________________________________ Paul Estrada v. Portfolio Recovery Case No. 2:25-cv-00491-CDS-MDC Associates, LLC _________________________________________________ Roctiv Garcia v. Portfolio Recovery Case No. 2:25-cv-00493-CDS-MDC Associates, LLC _________________________________________________ Yuri Hurtado v. Portfolio Recovery Case No. 2:25-cv-00494-CDS-MDC Associates, LLC

_________________________________________________ These are a collection of removed Fair Debt Collection Practices Act (FDCPA) cases brought by the named plaintiffs against defendant Portfolio Recovery Associates, LLC. In each case, Portfolio Recovery filed a motion to dismiss for failing to state a claim, which all the plaintiffs oppose. Each individual plaintiff filed a motion to remand. Portfolio Recovery opposed each motion. I referred these motions to United States Magistrate Judge Maximiliano Couvillier for a report and recommendation (R&R). On May 29, 2025, Judge Couvillier issued an R&R recommending that I grant the plaintiffs’ motions to remand, deny as moot the defendant’s motion to dismiss, or alternatively, for a more definite statement, and—to the extent the defendant’s opposition included what was construed as a countermotion to dismiss for lack of standing—that the countermotion be denied as moot. See R&R, ECF No. 26 at 10–11.1 The R&R makes two primary determinations: (1) that this court lacks subject matter jurisdiction and (2) that the cases should be remanded. Id. On June 13, 2025, Portfolio Recovery filed an objection to the R&R in each case, which the plaintiffs oppose. Obj., ECF No. 30; Resp., ECF No. 31. Finally, on July 10, 2025, the plaintiffs filed a motion for leave to file supplemental authority in support of their motions to remand and responses to the defendant’s objection. Mot., ECF No. 33.2 Portfolio Recovery opposes the motion. Opp’n, ECF No. 34. For the reasons set forth herein, I overrule Portfolio Recovery’s objection to the R&R, affirm and adopt the R&R, and modify it to incorporate the analysis below. Accordingly, Portfolio Recovery’s motions to dismiss or for a more definite statement are denied, plaintiffs’ motions to remand are granted, and the construed motion to dismiss for lack of standing filed by Portfolio Recovery in opposition to the motion for remand is denied in each action. I also deny the plaintiffs’ motions for leave to file supplemental authority. I. Legal Standard “Any party wishing to object to a magistrate judge’s findings and recommendations . . . must file and serve specific written objections with supporting points and authorities.” LR IB 3- 2(a). When a party timely objects to a magistrate judge’s R&R, the court is required to “make a de novo determination of those portions of the [R&R] to which objection is made.” 28 U.S.C. § 1 For ease, I only cite docket numbers issued in case number 2:25-cv-00467-CDS-MDC, as that is the lowest case number. The same motions and the same R&R were docketed in each action. 2 This is the corrected version of the filing. In each case, the court only considered the corrected image of the motion to file supplemental authority, but for ease of resolving the pending motions, the original docket number is included in the conclusion of this order. 636(b)(1). The court “may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate.” Id. II. Discussion As a threshold matter, I deny the plaintiffs’ motion for leave to file supplemental authority. ECF No. 33. I agree with the defendant that the “supplemental authority,” which is just the minutes from a motions calendar, neither explains the issues raised in the summary judgment motions, nor does it provide any explanation or analysis as to why the plaintiff’s summary judgment motion should be granted and the defendant’s countermotion should be denied. See Pl.’s Ex. A, ECF No. 33-1. Accordingly, a minute order, without more, is neither persuasive nor helpful, so the motion for leave is denied. Portfolio Recovery’s objections to the R&R lie squarely with Judge Couvillier’s recommendation that these actions be remanded back to state court. See ECF No. 30. It first argues that because Judge Couvillier found that the plaintiffs lacked Article III standing, it was incorrect for him to remand the cases instead of dismissing them because remand is futile: the complaints suffer the same lack of injury-in-fact in state court. Id. at 6. Portfolio Recovery also argues that there is standing, conceding that the plaintiffs’ complaint is “almost entirely bereft of factual allegations, the threadbare Complaint does emphasize at the outset the purported harms caused by FDCPA violations, including ‘bankruptcies, marital instability, the loss of jobs, and invasion of individual privacy,’” id. at 9 (citing ECF No. 1-1), while simultaneously arguing that Judge Couvillier erred in finding that the plaintiffs did not properly allege an injury-in-fact. Id. at 8. Plaintiffs respond that the R&R should be affirmed in full because this action was improperly removed; the plaintiffs are only seeking statutory damages, not actual ones. See Resp., ECF No. 31 at 3. Plaintiffs further argue that the defendant removed these actions in bad faith because there was no Article III standing at the time they were removed, which the defendant knew but removed anyway. Id. at 4–9. Las

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