Chamberlin v. National Credit Adjusters, LLC

ALVERSON TAYLOR & SANDERS 1 |] KURT R. BONDS, ESO. 2 Nevada Bar #6228 6605 Grand Montecito Parkway, Suite 200 3 || Las Vegas, Nevada 89149 Telephone: (702) 384-7000 4 || Facsimile: (702) 385-7000 efile@alversontaylor.com 5 Attorney for Defendant 7 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 8 . 10 BRIAN CHAMBERLAIN, [11] Plaintiff, [12] y 13 a & v. Case No. 2:22-cv-00430-JAD-BN = [16] > NATIONAL CREDIT ADJUSTERS, LLC, 2 17 18 Defendant. [20] 21 DEFENDANT NATIONAL CREDIT ADJUSTERS, LLC’S MOTION FOR MORE 22 DEFINITE STATEMENT 23 THE HONORABLE JUDGE OF SAID COURT: 24 . COMES NOW, Defendant National Credit Adjusters, LLC (“NCA”) and files its Motio [25] for More Definite Statement as follows: [26] I INTRODUCTION [28] ss |, □□□ —, f 4 □ 1. Plaintiff Brian Chamberlain (“Plaintiff”) filed his state court Complaint on February 8 4 |} 2022, in the Justice Court, Las Vegas Township, Clark County, Nevada located at 200 Lewis Ave 3 ||Las Vegas, NV 89101. NCA removed the case to this Court on March 8, 2022, on the basis o 4 || federal question jurisdiction. See Exhibit A. 2. This is a civil action based on Plaintiff's contention that NCA increased the paymen 6 amount for a settlement arrangement that he agreed to in relation to the debt at issue. See Exhibi B. Plaintiff further alleges that NCA reported an inaccurate tradeline on Plaintiff's credit report, 9 Id. Actions such as these are usually based on the Fair Debt Collection Practices Act, 15 U.S.C. § 10 || 1692 et seg. (the “FDCPA”), which regulates debt collection activity, and/or the Fair Credi : 11 |j Reporting Act, 15 U.S.C. § 1681 et seg. (the “FCRA”), which governs credit reporting activities 12 || Based on Plaintiff's alleged facts, Plaintiff's claims could plausibly fail under either or bot 13 statutory schemes. Jd. me 614 3. However, Plaintiff's Complaint does not put NCA on notice of what alleged violation 16 NCA committed. Jd. The Complaint does not specify what statutory provisions were violated, ho 7 NCA’s alleged conduct violated any statutory provisions, or how Plaintiff has a right to relief base 18 || on his factual allegations. Jd. In the case at bar, Plaintiff's Complaint is so vague and threadbar 19 || as to deny NCA an opportunity to fully defend itself in this matter. To this end, NCA requests tha 20 || this Court grant its Motion for a More Definite Statement and require Plaintiff to file a Complain 21 which adequately places NCA on notice as to the nature of and underlying facts supportin Plaintiff's claims against NCA. >A Il. ARGUMENTS AND AUTHORITIES 25 A. Standard of Law 26 || 4. Federal Rule Civil of Procedure 12(e) allows a party to request a more definitive pleadin 27 |! when the current pleading is “so vague or ambiguous that the party cannot reasonably prepare [28] response.” Fed. R. Civ. P. 12(e). Accordingly, while Rule 8(a)(2) requires that a pleading contai || only a “short and plain statement of the claim showing that the pleader is entitled to relief”, a pa 3 || may file a motion for a more definite statement “‘where the complaint is so vague or ambiguou 4 |/that the opposing party cannot respond, even with a simple denial, in good faith or withou prejudice to himself.’” Fed. R. Civ. P. 8(a)(2); Bank of N.Y. Mellon v. Azure Estates Owners Ass’n [6] 2019 U.S. Dist. LEXIS 237262 , at *4 (D. Nev. July 23, 2019) (quoting Blizzard Entm’t, Inc. v. Lilith Games (Shanghai) Co., 149 F. Supp. 3d 1171 (N.D. Cal. 2015); Cellars v. Pacific Coas. 9 Packaging, Inc., 189 F.R.D. 575, 578 (N.D. Cal. 1999); see also Tomassi v. Amcol Sys., Civi 10 || Action No. 14-CV-11077, 2014 U.S. Dist. LEXIS 93685 , at *2 (E.D. Mich. July 10, 2014) (citin : 11 || Fed. R. Civ. P. 12(e)); Soumano v. Equifax Credit Info Ser., Inc., No. 1:16-CV-313, 2016 U.S 12 || Dist. LEXIS 96919, 2016 WL 4007094 , at *2 (S.D. Ohio July 25, 2016), report an 6 13 recommendation adopted, No. 1:16-CV-313, 2016 U.S. Dist. LEXIS 112994 , 2016 WL 444963 5 (S.D. Ohio Aug. 24, 2016) (motions for a more definite statement should be granted when th Z plaintiff's pleading is “so vague or unintelligible that it is virtually impossible for the defendant t 17 craft its responsive pleading.”). Further, Rule 12(e) motions are also appropriate when a plaintifi 18 crafted a “shotgun pleading” making it difficult or “impossible to know which factua 19 || allegations in a pleading are intended to support which claims for legal relief.” Bostic v. Davis 20 |INo. 15-CV-3029, 2017 U.S. Dist. LEXIS 28926 , 2017 WL 784814 , at *2 (S.D. Ohio Mar. 1, 2017), al B. The Vague And Ambiguous Nature Of Plaintiff's Complaint Renders I 22 Virtually Impossible For Defendant To Create A Responsive Pleading. 23 15. Plaintiff's Complaint alleges in its entirety the following: “I made a settlement wit 24 |) Charlotte Richardson and National Credit Adjusters for $280 and later found out via a phone cal 25 that the settlement arrangment [sic] was for $285. On my credit report they put the 280 as payment.” See Exhibit B. This is the extent of the information provided to NCA regarding th 28 claims alleged against it by Plaintiff. 6. While NCA believes that Plaintiff may be attempting to allege a claim under the FDCP 2, || and/or the FCRA, based on the reference to his credit report, past litigation involving similar claim 3 || regarding credit reporting and the industry in which NCA operates, NCA is left entirely unsur 4 || what Plaintiff is alleging that NCA did wrong. Moreover, Plaintiff's Complaint does not alleg any claims upon which relief can be granted. 6 7. For example, Plaintiff claims to have “made a settlement with . .. National Credit Adjuster: for $280” but does not specify what exactly was settled. See Exhibit B. Because proving th 9 existence of a “debt” arising from consumer debt is a “threshold” issue in every FDCPA action 10 || Plaintiff is required to identify the specific nature of the underlying financial obligation at issue : 11 || Turner v. Cook, 362 F.3d 1219, 1226-27 (9th Cir. 2004) (internal citation omitted). Further: 12 || Plaintiff also claims that NCA reported a $280 payment on his credit report, but does not identifi 13. what statutes or provisions NCA allegedly violated nor how NCA’s credit reporting □□□□□□□□ violated any of those statutes or provisions. Jd. 8. While NCA recognizes that Plaintiff is proceeding pro se, and perhaps did not expec 7 himself to be hauled into federal court on this matter, NCA is still entitled to know the factua 18 || allegations raised in order to effectively defend itself in this matter. NCA cannot do so withou 19 || first being informed of what statutes or provisions it allegedly violated, and how it □□□□□□□ 20 || violated these statutes or provisions. Consequently, this Court should require Plaintiff to file Complaint which adequately places NCA on notice as to the identity, nature, and underlying fact supporting his claims against NCA. III. CONCLUSION 25 |} 9: For these reasons detailed above, this Court should grant NCA’s Motion for a Mor 26 || Definite Statement and require Plaintiff to file a complaint that properly places NCA on notice o [28] \ the claims alleged against it and that factual basis of those claims. This is necessary so that NC 2 |} may properly evaluate Plaintiff's claims and fully defend itself in this matter. 3 WHEREFORE, PREMISES CONSIDERED, Defendant National Credit Adjusters, LLC 4 || respectfully requests that this Court grant NCA’s Motion for More Definite Statement and requir Plaintiff to file a Complaint which resolves the vague and ambiguous nature of Plaintiff? Complaint, and should Plaintiff fail to do so, then dismiss this case with prejudice. DATED this 14" day of March, 2022. [10] a 12 y 13 ALVERSON TAYLOR & SANDERS KURT R. BONDS, ESQ. 5 Nevada Bar#6228 6605 Grand Montecito Parkway, Suite 200 16 Las Vegas, Nevada, 89149 2, efile@alversontaylor.com < 17 Attorney for Defendant ORDER 18 IT IS ORDERED that ECF No. 6 is GRANTED as unopposed. See 19 LR 7-2(d). 20 IT IS FURTHER ORDERED that Plaintiff is ordered to file an amended complaint in this case that provides sufficient facts to put defendant on notice of what it has done to Plaintiff to violate his 22 rights. 23 IT |S FURTHER ORDERED that Plaintiff's amended complaint is 24 due by April 29, 2022. Failure to comply with this order may result in a recommendation that this case be dismissed. [25] 6 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to add Plaintiff's address to the docket, as found at ECF 27 No. 6 at 15. IT IS SO ORDERED 28 DATED: 1:32 pm, April 01, 2022 Fy la wre keoy, 1 CERTIFICATE OF SERVICE 3 [hereby certify that on March 15", 2022, I electronically filed the foregoing with the Cler! 4 of Court for the U.S. District Court, District of Nevada by using the Court’s CM/ECF system 5 || Participants in the case who are registered CM/ECF users will be served by the CM/ECF system 6 || Those Participants who are not were sent via U.S. Postal Mail. 8 Brian Chamberlain 920 Sierra Vista Drive C47 g || Las Vegas, NV 89169 a 10 || National Credit Adjusters c/o Charlotte Richardson 11 11397 West 4 Avenue < Hutchinson, KS 67501 [12] g 13 , 14 ele \egnstda [15] An Employee of ALVERSON 16 TAYLOR & SANDERS ‘2 17 [28] 1 |} ALVERSON TAYLOR & SANDERS KURT R. BONDS, ESQ. 2 || Nevada Bar #6228 3 6605 Grand Montecito Parkway, Suite 200 Las Vegas, Nevada 89149 □□ Telephone: (702) 384-7000 Facsimile: (702) 385-7000 5 || efile@alversontaylor.com 6 Attorney for Defendant [7] UNITED STATES DISTRICT COURT 8 FOR THE DISTRICT OF NEVADA [11] 12 BRIAN CHAMBERLAIN, Case No. 2:22-cv-00430-JAD-BNW 13 Plaintiff, a <5 14||” [15] 3 NATIONAL CREDIT ADJUSTERS, LLC, [16] z Defendant. [4] 18 AFFIDAVIT OF PATRICE STEPHENSON-JOHNSON, ESQ. IN SUPPORT OF 19 DEFENDANT NATIONAL CREDIT ADJUSTORS MEET AND CONFER CERTIFCATION [20] STATE OF NEVADA ) 21 ) ss: COUNTY OF CLARK ) [22] 33 PATRICE STEPHENSON-JOHNSON, ESQ. being first duly sworn, deposes and says: 24 1. This Affidavit is being made in connection with Defendant’s Motion for □□□ || Definite Statement Judgment pursuant to LR 16-1(d), and LR IA 1-3(f)(2). 26 2. I am an attorney at Alverson Taylor & Sanders which is counsel of record for tk Defendant in the above matter with personal knowledge of the things testified to in this affidavit [28] 1 3. Plaintiff was contacted on March 16, 2022 telephonically in an attempt to meet and 21! confer regarding the Defendant’s Motion for More Definite Statement. 4. Plaintiff ended the call abruptly while an attempt was made to seek an amended complaint and to seek resolution. 6 5. The Parties were not able to reach a resolution of any issues discussed during the call. 7 6. Plaintiff stated that he does not need to have a more definite statement “because the 8 || court does not require it.” 9 7. FURTHER YOUR AFFIANT SAYEFH NAUGHT. b/ 10 [/ NU I PPA A 12 PATRICK STEPHENS QN-J9 HNSON SUBSCRIBED and SWORN to before me this \\g44 day of Maccl, _, 2022. 14 □□□ □ NOTARY PUBLIC Be SESE NEVADA 15 || NOTARY PUBLIC Ce BY Dar KAY Ry AbBt NG, 10.2705 □ [16] rat < 17 [28] 9 KRB/27362 EXHIBIT A EXHIBIT A age 2:22-cv-004S0-JAD-BNW Cocument1 Filed 03/08/22 Page 1of8 ALVERSON TAYLOR & SAND | KURT R. BONDS, ESO, ERS traaas 3 Grand Montecito Parkway, Suite Les Vegea, Nevada $9149 a0 . al Teephnan (70) 304-700 venga UNITED STATES DISTRICT COURT 8 SOR THE DISTRICT OF NEVADA [10] ll g 2 BRIAN CHAMBERLAIN, Caso, _ 2:22-cv-000430-JAD-BNW 13 Plaintiff, —_ Vv . | □□ | i NATIONAL CREDIT ADJUSTERS, LLC, i as DEFENDANT NATIONAL CREDIT ADJUSTERS, LLC'S 2 19 20|| TOTHE HONORABLE JUDGE OF SAID COURT: 21 COMES NOW, Defoudext NATIONAL CREDIT ADJUSTERS, LLC (NCA") and flesis at Notices of Removal as follows: 23) ps SE7BRIAN CHAMBERLAIN carved NCA with his state-coust Complaint on Februsry 24 11, 2022 in the Justice Court Las Vegas Township, Clark County, Nevada located at 200 Lewis □□ Ave, Las Veges, NV 89101. = 2. This {s civil ection based on Plaintiff's contention that NCA eltered a settlement Plaintiff farthor ellages that arrangement that he oxtginally agreod to tn relation to the debt st issue. KRB_27670 2:22-cv-00430-JAD-BNW Document 1 Filed 02/08/22 Page 2 of 8 1] NCA reported an inseourate tradeline on Plaintiff's credit report. 21) 3. ‘Tho FairDebt Coltection Practices Act, 15 U.S.C. 1692 at og, (tha “FDCPA") governs tho collection of consumer debts, The Fair Credit Reposting Act, 1$U.8.C, § 1681 ai seg. (ths “FCRA") 5 govems the fumishing of infoemation to credit regorts. gl] * Tho FCRA govams tho conduct of furnishers of tnformation, which Plaintiff has plousibly 7|| alleged NCA qualifies as. Tho FCRA olso pro-enmpts stato lawa governing this conduct, stated that a] “{ejo requiresnent or peohibition may be taposed under the laws of any Stato — (1) with respect to 9|| any subject matter regulated under laws of eny Stato—... (F) section 1685-2 of this title, relating 201] 10 tho responsibilities of persons who fumih informatica to consumer reporting agencies, except u that this paragrazh chal! not epply [to certain Massachusetts and Collfornia statutes}.” 15 U.S.C. § . {68t1(0), Ths, tho FORA provide that fa funichrof credit nfbomtion furnishes nfesation'o 14 acredit reporting agency and in so doing vioistes a state consumer protection statute, a claim under 15|| that stato statute to preempted by the FCRA, which makes this caso a fodarel question caso Sse 16|| Sportetten v. Ciibank, N.A.,2013 U.S. Dist, LEXIS 20092, at °15 (D. Nov. Feb, 13,2013}; s00 alto 3 27 Subhen! v, JPMorgan Chase Bank, Not, Ass'n, 2012 U.8. Dist, LEXIS 76447, 2012 WL 1980416 , at 18 || 05.6 UD, Cal June 1, 2012) (containing a thorough discusslen of 9* Cireult PCRA preemption [19] 2 5. ‘Therefoco, semmoval ia proper because this case involves a federal question—an alleged violation of the FDCPA and/or the FCRA. This entire suit is removable under 28 U.S.C. § 1441 (6). - 99{] 6 Veaueisproperin this district under28 U.S.C. 1441(a) because the state court whore the sult 24]] hes toen pending is Located in this district, 2511 7. Remove! ts timely pursuant to 28 UBC. § 1441(b) because NCA has filed tts Notiso of 26|| pcsoval within 30 days of sorvice of Picintis otto cout Petition, — 271) 5 _Pursuantto U.S.C. 1441(0), acopy of ell process, pleadings, documents, and ordersin this 28 2 KRB_ 27670 2:22-cv-G0430-JAD-BNW Document 1 Filed 03/08/22 Page 3 of 8 1 case beive been attached as Exhiiit A, 21] % Acopy ofthis Notice of Removal hasbeen set to Plaintiff and wil be ted with 3 thocterk of |] Sa iaste? Conse, Las Vegas Township, Ci County, Noveda gi Plaintiftéid not request o Jury tcl in tho tate coust matt, 6 WHEREFORE, PREMISES CONSIDERED, Dafindant NATIONAL CREDIT 7|| ADJUSTERS, LLC respectfully requests that this Court exsume full Jurisdiction over the proceeding || as provided by law. . DATED this 8° day of March 2022, i ALVERSON TAYLOR & SANDERS KE PEL pETE DONDE EO Se Hl i La agus Need 919 H i [17] if: 28 yy [27] 28 3 KRB_27670 Case 2:22-cv-00430-JAD-BNW Document 1 Filed 02/08/22 Page 4 of 8 3 + Thereby cestify that cn March 8”, 2022, I electronically filed the foregoing with the Clerk of Cowt for the U.S, District Court, District of Nevada by using the Court's CM/ECF system. Participants in the case who are registered CM/ECF users will bo served by the CM/BCF system. 5 Those Participants who aro not were sext via U.S. Postal Mail, Brian Chamberlain 6 920 Slerra Vista Drive C47 7 Las Vegas, NV 89169 8 National Credis Adjusters cfo Charlotte Richardson 9 327 West 4" Avenuo . 10 Hutchinson, KS 67501 i Leste g 2 E 13 An Employes of ALVERSON ¥ TAYLOR & SANDERS 3 14 sf ; 15 i 3 17 1 1s 28 4 20 . au [27] 26 4 ERB_27670 EXHIBIT B EXHIBIT B Las Vegas Justica Court santas □□□ Pid JUSTICE COURT, LAS VEGAS TOWNSHIP Cate, can □□□ Nema and Address of Pécinttt(a): Department No. Brian.Chambertain 920 Sierra Vista Drive C 47 Las Vegas NV 89169 SMALL CLAIMS COMPLAINT | Paniiiey'Emet— Térbrian1 165@gmail.com Tebstons 19032450205 and Ad¢ress of Defendnt(a) National Credit Adjusters 327 W 4th Ave Charlotte Richardson Hutchinson, KS 67501 888) 768-0674 STATEOF NEVADA =) COUNTY OF CLARK) 1, yourname) Brian Chamberlain being frat duly swom, depose and eay: that the defendant indebted to the plaintiff inthe sum of $840 ___: thet tha reason fer this Indebtedness Is: setemant oth Chatatey Rinaatnen ang Nigtntd Cnedh Adpentare tes EB00 as Rates Means end vip pwns Ged Oo OeURaR eyes waste ELS, Cuayqut npetOny pt 0a ee pees eee □□□□□□□□□□□□□□□□□□□□□□□□□□□□ ‘(UU eee 5 rr a SP SS SSS SSS duatice Township, in the County of Clark, State of Nevada, Is the proper venue for this ction Durtuant to NR 78.010. | deciaro ender ponelly of perjury under tho lave of the State of Nevada that the foregeing is true and correct. snaimn 2 pong 2002022, Print Name Brian Chamberlain Attomey for Pro se ORDER TO APPEAR ing YOU WITHOUT YOUR PRESENCE UNLESS YOU APPEAR YOU HAVE SUED. ‘THR COURT MAY ENTER A JUDGMENT Meee ire TRIAL DATE: 05/23/22 time:__1:00PM__ Locanion:__1B Any evidence, including receipts, pictures, or documents that are necessary to prove your case MUST be emailed to nor Ee aR Lead OL TT EWEN, CLO 4 to trial. In the subject tine, please include the case num ie ae ce ei er Wiese ese ros ao na tar eon two (2) judicial dove pttor to your bial, O Chi Law Sait-Halp Cantor, Rev. □□□ Case Number: 22A0001982