Ramirez v. Portfolio Recovery Associates, LLC

CourtDistrict Court, D. Nevada
DecidedAugust 12, 2025
Docket2:25-cv-00482
StatusUnknown

This text of Ramirez v. Portfolio Recovery Associates, LLC (Ramirez v. Portfolio Recovery Associates, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramirez v. Portfolio Recovery Associates, LLC, (D. Nev. 2025).

Opinion

1 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 2 3 Omnibus Order Overruling Defendant’s Objection to the Magistrate Judge’s Report 4 & Recommendation, Modifying and

Adopting the R&R, Denying Plaintiffs’ 5 Motions for Leave, and Remanding Cases 6

7 Delicha Johnson v. Portfolio Recovery Case No. 2:25-cv-00467-CDS-MDC Associates, LLC 8 _________________________________________________

9 Brooklyn Richards v. Portfolio Recovery Case No. 2:25-cv-00468-CDS-MDC Associates, LLC 10 _________________________________________________

11 Christopher Hicks v. Portfolio Recovery Case No. 2:25-cv-00469-CDS-MDC Associates, LLC 12 _________________________________________________

13 Frank Medina v. Portfolio Recovery Case No. 2:25-cv-00470-CDS-MDC Associates, LLC 14 _________________________________________________

15 Diana Serotta v. Portfolio Recovery Case No. 2:25-cv-00471-CDS-MDC Associates, LLC 16 _________________________________________________

17 John Lepore v. Portfolio Recovery Associates, Case No. 2:25-cv-00474-CDS-MDC LLC 18 _________________________________________________

19 Joseline Lugo v. Portfolio Recovery Case No. 2:25-cv-00475-CDS-MDC Associates, LLC 20 _________________________________________________

21 Kim Sisemore v. Portfolio Recovery Case No. 2:25-cv-00477-CDS-MDC Associates, LLC 22 _________________________________________________

23 Mark Carson v. Portfolio Recovery Case No. 2:25-cv-00478-CDS-MDC Associates, LLC 24 _________________________________________________ 25 Maria Argueta v. Portfolio Recovery Case No. 2:25-cv-00479-CDS-MDC Associates, LLC 26 1 Olga Granados v. Portfolio Recovery Case No. 2:25-cv-00480-CDS-MDC Associates, LLC 2 _________________________________________________

3 Mariolis Prieto v. Portfolio Recovery Case No. 2:25-cv-00481-CDS-MDC Associates, LLC 4 _________________________________________________ 5 Ulises Ramirez v. Portfolio Recovery Case No. 2:25-cv-00482-CDS-MDC Associates, LLC 6 _________________________________________________

7 Mauricio Rivera v. Portfolio Recovery Case No. 2:25-cv-00483-CDS-MDC Associates, LLC 8 _________________________________________________

9 Patricia Hutchinson v. Portfolio Recovery Case No. 2:25-cv-00484-CDS-MDC Associates, LLC 10 _________________________________________________

11 Tom Faneuff v. Portfolio Recovery Case No. 2:25-cv-00486-CDS-MDC Associates, LLC 12 _________________________________________________ 13 Vessela Popstoyanova v. Portfolio Recovery Case No. 2:25-cv-00490-CDS-MDC Associates, LLC 14 _________________________________________________ 15 Paul Estrada v. Portfolio Recovery Case No. 2:25-cv-00491-CDS-MDC Associates, LLC 16 _________________________________________________ 17 Roctiv Garcia v. Portfolio Recovery Case No. 2:25-cv-00493-CDS-MDC Associates, LLC 18 _________________________________________________ 19 Yuri Hurtado v. Portfolio Recovery Case No. 2:25-cv-00494-CDS-MDC Associates, LLC 20

21 _________________________________________________ 22 These are a collection of removed Fair Debt Collection Practices Act (FDCPA) cases 23 brought by the named plaintiffs against defendant Portfolio Recovery Associates, LLC. In each 24 case, Portfolio Recovery filed a motion to dismiss for failing to state a claim, which all the 25 plaintiffs oppose. Each individual plaintiff filed a motion to remand. Portfolio Recovery opposed 26 each motion. I referred these motions to United States Magistrate Judge Maximiliano Couvillier 1 for a report and recommendation (R&R). On May 29, 2025, Judge Couvillier issued an R&R 2 recommending that I grant the plaintiffs’ motions to remand, deny as moot the defendant’s 3 motion to dismiss, or alternatively, for a more definite statement, and—to the extent the 4 defendant’s opposition included what was construed as a countermotion to dismiss for lack of 5 standing—that the countermotion be denied as moot. See R&R, ECF No. 26 at 10–11.1 The R&R 6 makes two primary determinations: (1) that this court lacks subject matter jurisdiction and (2) 7 that the cases should be remanded. Id. 8 On June 13, 2025, Portfolio Recovery filed an objection to the R&R in each case, which 9 the plaintiffs oppose. Obj., ECF No. 30; Resp., ECF No. 31. Finally, on July 10, 2025, the plaintiffs 10 filed a motion for leave to file supplemental authority in support of their motions to remand and 11 responses to the defendant’s objection. Mot., ECF No. 33.2 Portfolio Recovery opposes the 12 motion. Opp’n, ECF No. 34. 13 For the reasons set forth herein, I overrule Portfolio Recovery’s objection to the R&R, 14 affirm and adopt the R&R, and modify it to incorporate the analysis below. Accordingly, 15 Portfolio Recovery’s motions to dismiss or for a more definite statement are denied, plaintiffs’ 16 motions to remand are granted, and the construed motion to dismiss for lack of standing filed by 17 Portfolio Recovery in opposition to the motion for remand is denied in each action. I also deny 18 the plaintiffs’ motions for leave to file supplemental authority. 19 I. Legal Standard 20 “Any party wishing to object to a magistrate judge’s findings and recommendations . . . 21 must file and serve specific written objections with supporting points and authorities.” LR IB 3- 22 2(a). When a party timely objects to a magistrate judge’s R&R, the court is required to “make a 23 de novo determination of those portions of the [R&R] to which objection is made.” 28 U.S.C. § 24 1 For ease, I only cite docket numbers issued in case number 2:25-cv-00467-CDS-MDC, as that is the 25 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 26 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. 1 636(b)(1). The court “may accept, reject, or modify, in whole or in part, the findings or 2 recommendations made by the magistrate.” Id. 3 II. Discussion 4 As a threshold matter, I deny the plaintiffs’ motion for leave to file supplemental 5 authority. ECF No. 33. I agree with the defendant that the “supplemental authority,” which is 6 just the minutes from a motions calendar, neither explains the issues raised in the summary 7 judgment motions, nor does it provide any explanation or analysis as to why the plaintiff’s 8 summary judgment motion should be granted and the defendant’s countermotion should be 9 denied. See Pl.’s Ex. A, ECF No. 33-1. Accordingly, a minute order, without more, is neither 10 persuasive nor helpful, so the motion for leave is denied. 11 Portfolio Recovery’s objections to the R&R lie squarely with Judge Couvillier’s 12 recommendation that these actions be remanded back to state court. See ECF No. 30. It first 13 argues that because Judge Couvillier found that the plaintiffs lacked Article III standing, it was 14 incorrect for him to remand the cases instead of dismissing them because remand is futile: the 15 complaints suffer the same lack of injury-in-fact in state court. Id. at 6. Portfolio Recovery also 16 argues that there is standing, conceding that the plaintiffs’ complaint is “almost entirely bereft of 17 factual allegations, the threadbare Complaint does emphasize at the outset the purported harms 18 caused by FDCPA violations, including ‘bankruptcies, marital instability, the loss of jobs, and 19 invasion of individual privacy,’” id. at 9 (citing ECF No. 1-1), while simultaneously arguing that 20 Judge Couvillier erred in finding that the plaintiffs did not properly allege an injury-in-fact. Id. at 21 8.

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Ramirez v. Portfolio Recovery Associates, LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-portfolio-recovery-associates-llc-nvd-2025.