Sloan ex rel. Juergens v. Urban Title Services, Inc.

689 F. Supp. 2d 123, 2010 U.S. Dist. LEXIS 12593, 2010 WL 517438
CourtCourt of Appeals for the D.C. Circuit
DecidedFebruary 12, 2010
DocketCivil Action No. 06-1524(CKK)
StatusPublished
Cited by14 cases

This text of 689 F. Supp. 2d 123 (Sloan ex rel. Juergens v. Urban Title Services, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sloan ex rel. Juergens v. Urban Title Services, Inc., 689 F. Supp. 2d 123, 2010 U.S. Dist. LEXIS 12593, 2010 WL 517438 (D.C. Cir. 2010).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

The above-captioned lawsuit was filed by the original Plaintiff in this matter, Mary Juergens,1 nearly three years ago to challenge the legality of two disparate loans extended to Plaintiff, each of which was secured by a condominium located at 1230 23rd Street, N.W., Apartment 505, Washington, D.C. 20037 (the “Condo”). Plaintiff initially named as Defendants in this action Urban Title Services, Inc. (“UTS”) as well as Dale Duncan, First Mount Vernon Industrial Loan Association, Inc. (“FMVILA”), Arthur Bennett, and Briekshire Settlements, LLC (“Briekshire”).2 According to Plaintiff, the first of the two loans at issue in this case was extended by the Owen Living Trust with the assistance of UTS, while the second loan (hereinafter “FMV Loan”) was extended by FMVILA with the assistance of Bennett, Duncan and Briekshire (collectively with FMVILA, “FMV Defendants”). Plaintiff has since voluntarily dismissed with prejudice all of her claims against UTS. See Stip. of Dismissal, Docket No. [243]. Accordingly, the only claims that remain at issue in this lawsuit relate to the second of these two loans, the FMV Loan.

Plaintiff and the FMV Defendants have filed a series of cross-motions for partial summary judgment. The Court previously ruled on several of the parties’ cross-motions — specifically, those motions for partial summary judgment filed by Plaintiff with respect to allegations in her Fourth Amended Complaint relating to the FMV Loan and those related cross-motions for partial summary judgment by the FMV Defendants. See Juergens v. UTS, 652 F.Supp.2d 51 (D.D.C.2009). By separate Memorandum Opinion and Order issued this same date, the Court has also ruled on Plaintiffs motion for partial summary judgment filed with respect to Defendant Duncan’s counterclaims as well as Defendant Duncan’s motion for partial summary judgment. Still outstanding, however, are several motions for partial summary judgment filed by Defendant Briekshire and Defendant Duncan with respect to certain [126]*126allegations and claims asserted against them in Plaintiffs Fourth Amended Complaint. This Memorandum Opinion addresses two of those remaining motions filed by Defendant Brickshire, namely Brickshire’s [177] Motion for Partial Summary Judgment Regarding the Absence of Damages to Plaintiff from the Late Filing of Certain Documents with the District of Columbia Recorder of Deeds and Brick-shire’s [178] Motion for Partial Summary Judgment on Count XXXI — Violation of DC Code Section 28-3901, Et Seq. (Consumer Protection Procedures Act).

Upon a searching review of the memoranda filed with respect to the pending motions, the exhibits thereto, the relevant case law and statutes, and the entire record herein, the Court orders as follows, for the reasons set forth below. Brickshire’s [177] Motion for Partial Summary Regarding the Absence of Damages to Plaintiff from the Late Filing of Certain Documents with the District of Columbia Recorder of Deeds is GRANTED. In addition, Brickshire’s [178] Motion for Partial Summary Judgment on Count XXXI-Violation of DC Code Section 28-3901, Et Seq. (Consumer Protection Procedures Act) is GRANTED-IN-PART and DENIED-IN-PART; specifically, the motion is GRANTED insofar as Plaintiff alleges that Brickshire violated paragraphs (e) & (f) of section 3904 of the CPPA, but is DENIED insofar as Plaintiff alleges that Brickshire violated section 3904(z-l) of the CPPA.

I. BACKGROUND

A. Factual Background

The Court assumes familiarity with the factual background of this case, which is set forth in detail in this Court previous’ opinions, see Juergens v. UTS, 652 F.Supp.2d 51 (D.D.C.2009); Juergens v. UTS, 246 F.R.D. 4 (D.D.C.2007); Juergens v. UTS, 533 F.Supp.2d 64 (D.D.C.2008); Juergens v. UTS, 652 F.Supp.2d 40 (D.D.C.2009); Juergens v. UTS, 652 F.Supp.2d 51 (D.D.C.2009), and the Court therefore addresses herein only such facts as are necessary for resolution of the motions currently before the Court. Before doing so, however, the Court pauses briefly to comment upon the parties’ compliance with the Local Civil Rule 7(h)(1). As the D.C. Circuit has emphasized, “[LCvR 7(h)(1) ] places the burden on the parties and their counsel, who are most familiar with the litigation and the record, to crystallize for the district court the material facts and relevant portions of the record.” Jackson v. Finnegan, Henderson, Farabow, Garrett & Dunner, 101 F.3d 145, 151 (D.C.Cir.1996) (citing Twist v. Meese, 854 F.2d 1421, 1425 (D.C.Cir.1988)). Because of the significance of this task and the potential hardship placed on the court if the parties are derelict in their duty, courts require strict compliance with LCvR 7(h)(1). See id. at 150. This Court has repeatedly advised the parties that it strictly adheres to the text of Local Civil Rule 7(h)(1) when resolving motions for summary judgment. See, e.g., 1/30/09 Scheduling and Procedures Order, Docket No. [155] at 2. Counsel has been cautioned that they are expected to “comply fully with Local Civil LCvR 7(h)” and that the Court “assumes facts identified by the moving party in its statement of material facts are admitted, unless such a fact is controverted in the statement of genuine issues filed in opposition to the motion.” Id. (emphasis in original). Moreover, the Court has cautioned the parties that it “may strike pleadings not in conformity with these rules.” Id.

Nonetheless, while Brickshire has complied with the requirements of LCvR 7(h)(1) in filing its motions for partial summary judgment, Plaintiff has failed to do [127]*127so in opposing those motions. First, although Plaintiff has provided the required response statements in opposition to Brickshire’s pending motions, a significant number of Plaintiffs specific responses to Briekshire’s statements of fact are inadequate and fail to comport with the requirements of LCvR 7(h)(1). For example, many of Plaintiff’s factual assertions are not supported by “precise citations to the portions of the record,” as required. Rather, they contain only generic references to Plaintiffs consolidated statement of material facts, a 78-page document that purports to relate to all summary judgment motions and cross-motions filed by the parties and which was filed without leave of this Court, see Pl.’s [199] Stmt, of Mat. Facts. See, e.g., Pl.’s [197] Resp. ¶¶ 2, 3, 5, 16, 17; PL’s [198] Resp. ¶¶1, 2, 4. Setting aside for the moment that Plaintiffs consolidated statement violates the local rules of this Court and shall be disregarded for that reason, as is discussed below, Plaintiff’s general references to the consolidated statement — made without specifying any particular paragraph or factual assertions contained therein — are insufficient. Plaintiff has impermissibly shifted her burden to locate and identify the relevant facts to this Court, leaving it to guess which of the 75 factual statements set forth in the consolidated filing she purportedly relies upon to create a genuine dispute of material fact.

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Cite This Page — Counsel Stack

Bluebook (online)
689 F. Supp. 2d 123, 2010 U.S. Dist. LEXIS 12593, 2010 WL 517438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sloan-ex-rel-juergens-v-urban-title-services-inc-cadc-2010.