Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Roadhouse v. Patenaude & Felix, A.P.C.

United States District Court, D. Nevada

April 14, 2015

TRINA ROADHOUSE; SCOTT ROADHOUSE, Plaintiffs,
v.
PATENAUDE & FELIX, A.P.C., Defendant.

ORDER

GLORIA M. NAVARRO, Chief District Judge.

Pending before the Court is the Motion for Summary Judgment (ECF No. 33) filed by Defendant Patenaude & Felix, A.P.C. ("Defendant"). Plaintiffs Trina and Scott Roadhouse (collectively, "Plaintiffs") filed a Response (ECF No. 34), and Defendant filed a Reply (ECF No. 39). For the reasons discussed below, Defendant's Motion is DENIED.

I. BACKGROUND

Plaintiffs Trina and Scott Roadhouse (collectively, "Plaintiffs") filed this action in April 2013 seeking damages for the allegedly unlawful debt collection practices of Defendant Patenaude & Felix, A.P.C. ("Defendant"). ( See Compl., ECF No. 1). Plaintiffs allege that Defendant sent an initial collection letter to Plaintiffs, which demanded payment on an account originating before June 4, 2005. ( Id. ¶¶ 15-19). On May 11, 2012, Defendant had a complaint filed in state court served upon Plaintiffs. ( Id. ¶¶ 24, 26). Plaintiffs allege that the statute of limitations had run on collecting any past due balance of the account, and Plaintiffs made Defendant aware of this fact before and during the state court litigation. ( Id. ¶¶ 23, 27-28). The state court action continued for over eight months. ( Id. ¶¶ 28-29).

Plaintiffs filed the instant action on April 1, 2013, asserting the following causes of action: (1) violations of the Fair Debt Collection Practices Act (FDCPA); (2) violations of the Nevada Deceptive Trade Practices Act; (3) negligence; and (4) intentional interference with contractual relations. ( Id. ¶¶ 31-53).

II. LEGAL STANDARD

The Federal Rules of Civil Procedure provide for summary adjudication when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a). Material facts are those that may affect the outcome of the case. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. See id. "Summary judgment is inappropriate if reasonable jurors, drawing all inferences in favor of the nonmoving party, could return a verdict in the nonmoving party's favor." Diaz v. Eagle Produce Ltd. P'ship, 521 F.3d 1201, 1207 (9th Cir. 2008) (citing United States v. Shumway, 199 F.3d 1093, 1103-04 (9th Cir. 1999)). A principal purpose of summary judgment is "to isolate and dispose of factually unsupported claims." Celotex Corp. v. Catrett, 477 U.S. 317, 323-24 (1986).

In determining summary judgment, a court applies a burden-shifting analysis. "When the party moving for summary judgment would bear the burden of proof at trial, it must come forward with evidence which would entitle it to a directed verdict if the evidence went uncontroverted at trial. In such a case, the moving party has the initial burden of establishing the absence of a genuine issue of fact on each issue material to its case." C.A.R. Transp. Brokerage Co. v. Darden Rests., Inc., 213 F.3d 474, 480 (9th Cir. 2000) (citations omitted). In contrast, when the nonmoving party bears the burden of proving the claim or defense, the moving party can meet its burden in two ways: (1) by presenting evidence to negate an essential element of the nonmoving party's case; or (2) by demonstrating that the nonmoving party failed to make a showing sufficient to establish an element essential to that party's case on which that party will bear the burden of proof at trial. See Celotex Corp., 477 U.S. at 323-24. If the moving party fails to meet its initial burden, summary judgment must be denied and the court need not consider the nonmoving party's evidence. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 159-60 (1970).

If the moving party satisfies its initial burden, the burden then shifts to the opposing party to establish that a genuine issue of material fact exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986). To establish the existence of a factual dispute, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that "the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." T.W. Elec. Serv., Inc. v. P. Elec. Contractors Ass'n, 809 F.2d 626, 631 (9th Cir. 1987). In other words, the nonmoving party cannot avoid summary judgment by relying solely on conclusory allegations that are unsupported by factual data. See Taylor v. List, 880 F.2d 1040, 1045 (9th Cir. 1989). Instead, the opposition must go beyond the assertions and allegations of the pleadings and set forth specific facts by producing competent evidence that shows a genuine issue for trial. See Celotex Corp., 477 U.S. at 324.

At summary judgment, a court's function is not to weigh the evidence and determine the truth but to determine whether there is a genuine issue for trial. See Anderson, 477 U.S. at 249. The evidence of the nonmovant is "to be believed, and all justifiable inferences are to be drawn in his favor." Id. at 255. But if the evidence of the nonmoving party is merely colorable or is not significantly probative, summary judgment may be granted. See id. at 249-50.

III. DISCUSSION

Defendant asserts that summary judgment should be granted summary judgment on Plaintiffs' violation of the FDCPA claim based on the affirmative defense of bona fide error pursuant to 15 U.S.C. § 1692k(c). (Mot. for Summ. J. 5:10-9:19, ECF No. 33). Defendant alternatively requests that "this Court limit Plaintiffs damage to statutory damages of $1, 000.00 and deny Plaintiffs other claims for relief." ( Id. 10:3-6).

A. Bona Fide Error Defense

Defendant asserts that summary judgment should be granted on Plaintiffs' violation of the FDCPA claim based on the affirmative defense of bona fide error pursuant to 15 U.S.C. § 1692k(c). (Mot. for Summ. J. 5:10-9:19). The bona fide error defense is an affirmative defense, for which the debt collector has the burden of proof. Reichert v. Nat'l Credit Sys., Inc., 531 F.3d 1002, 1006 (9th Cir. 2008); Fox v. Citicorp Credit Servs., Inc., 15 F.3d 1507, 1514 (9th Cir. 1994). Thus, to qualify for the bona fide error defense, the defendant must prove that (1) it violated the FDCPA unintentionally; (2) the violation resulted from a bona fide error; and (3) it maintained procedures reasonably adapted to avoid the violation. McCollough v. Johnson, Rodenburg & Lauinger, LLC, 637 F.3d 939, 948 (9th ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.