Terri Switzer v. Credit Acceptance Corporation

Filing

UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:09-cv-00042-sgw-jgw Copies to all parties and the district court/agency. [998391517] [10-1455]

Terri Switzer v. Credit Acceptance Corporation

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Date Filed: 07/30/2010

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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 10-1455 TERRI L. SWITZER, Plaintiff ­ Appellant, THOMAS L. SWITZER, Movant ­ Appellant, and E.B., A Minor; H.B., A Minor, Plaintiffs, v. CREDIT ACCEPTANCE CORPORATION, Defendant ­ Appellee, and L & K RECOVERY, Defendant.

Appeal from the United States District Court for the Western District of Virginia, at Harrisonburg. Samuel G. Wilson, District Judge. (5:09-cv-00042-sgw-jgw) Submitted: July 14, 2010 Decided: July 30, 2010

Before NIEMEYER, KING, and GREGORY, Circuit Judges.

Dockets.Justia.com

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Affirmed by unpublished per curiam opinion. Terri L. Switzer, Thomas L. Switzer, Appellants Pro Se. Barry Dorans, Stephen Patrick Pfeiffer, WOLCOTT, RIVERS & GATES, Virginia Beach, Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM: Thomas denying his Switzer for appeals joinder. the district court's order the

motion

Terri

Switzer

appeals

district court's order denying her Fed. R. Civ. P. 60(b) motion for reconsideration. For the reasons that follow, we affirm.

Terri Switzer filed a complaint in the district court against Credit Acceptance Corporation ("Credit Acceptance")

alleging violations of the Fair Debt Collections Practices Act, 15 U.S.C. § 1692 (2006) ("FDCPA") and asserting state law claims stemming from the repossession of a vehicle purchased by her husband, Thomas Switzer. Thomas Switzer previously brought a

similar action against Credit Acceptance, though his claims were ultimately submitted to binding arbitration pursuant to an

arbitration agreement.

Switzer v. Credit Acceptance Corp., No. Following the district

5:08-cv-00071 (W.D. Va. Sept. 2, 2009).

court's grant of summary judgment in favor of Credit Acceptance in the underlying case, Thomas Switzer filed a motion for

joinder and a motion for reconsideration. denied Thomas Switzer's motion for

The district court and liberally

joinder,

construed his motion for reconsideration as Terri Switzer's. Thomas Switzer argues on appeal that the district

court erred in denying his motion for joinder. abuse of discretion.

We review for

See Watson v. Blankinship, 20 F.3d 383,

389 (10th Cir. 1994); see also National Union Fire Ins. Co. v. 3

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Rite

Aid

of

S.C.,

Inc.,

210

F.3d

246,

250

(4th Cir. 2000)

(district court's order joining necessary party is reviewed for abuse of discretion); Davis v. Va. Commonwealth Univ., 180 F.3d 626, 627 (4th Cir. 1999) (district court's order denying motion to amend is reviewed for abuse of discretion). Thomas Switzer's claims had already been ruled upon in arbitration by the time he moved for joinder. Thus, we find the

district court did not abuse its discretion in concluding that Switzer could not attempt to relitigate his own claims by

claiming the right to join his spouse's case. Terri Switzer challenges the district court's denial of her Fed. R. Civ. P. 60(b) motion for reconsideration. We

have reviewed the record and finding no error, we affirm for the reasons stated by the district court. Switzer v. Credit

Acceptance Corp., No. 5:09-cv-00042-sgw-jgw (W.D. Va. Apr. 7, 2010). legal before We dispense with oral argument because the facts and contentions the court are and adequately argument presented not in aid the the materials decisional

would

process. AFFIRMED

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