United States District Court, D. Nevada
before the court is defendant Financial Business and Consumer
Solutions, Inc.'s motion to dismiss. (ECF No. 22).
Plaintiff Russell Patton filed a response (ECF No. 26), to
which defendant replied (ECF No. 27).
instant action arises from alleged violations of the Federal
Debt Collection Practices Act (“FDCPA”).
allegedly opened a Capital One credit card account and
accumulated about $500.00 dollars in debt. (ECF No. 20 at 5).
Subsequently, Midland Funding LLC/Midland Credit Management,
Inc. (“Midland”) retained defendant to collect
plaintiff's debt. (ECF No. 20 at 5- 6). On February 5,
2016, defendant sent plaintiff a collection letter attempting
to collect the debt. (ECF No. 20 at 5).
alleges that the alleged debt does not belong to him, he did
not incur the charges underlying the debt, and he did not
sign a contract creating the alleged debt. (ECF No. 20 at 7).
November 20, 2016, plaintiff filed the underlying complaint
(ECF No. 1), which he later amended with leave of court on
May 4, 2017 (ECF No. 20). In the amended complaint, plaintiff
alleges one cause of action pursuant to the FDCPA. (ECF No.
instant motion, defendant moves to dismiss the complaint
pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF
may dismiss a complaint for “failure to state a claim
upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide “[a]
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands “more than labels and
conclusions” or a “formulaic recitation of the
elements of a cause of action.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level.” Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to “state a claim to relief
that is plausible on its face.” Iqbal, 556
U.S. at 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the elements
of a cause of action, supported only by conclusory
statements, do not suffice. Id. at 678.
the court must consider whether the factual allegations in
the complaint allege a plausible claim for relief.
Id. at 679. A claim is facially plausible when the
plaintiff's complaint alleges facts that allow the court
to draw a reasonable inference that the defendant is liable
for the alleged misconduct. Id. at 678.
the complaint does not permit the court to infer more than
the mere possibility of misconduct, the complaint has
“alleged-but not shown-that the pleader is entitled to
relief.” Id. (internal quotation marks
omitted). When the allegations in a complaint have not
crossed the line from conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The ...