Baker v. Midland Funding LLC et al
Filing
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ORDER that the 55 Motion for Judgment on the Pleadings as to the Individual Bursey Defendants is granted. Signed by Judge David G Campbell on 2/24/2014.(LFIG)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE DISTRICT OF ARIZONA
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Christine Baker,
No. CV-13-08169-PCT-DGC
Plaintiff,
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v.
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ORDER
Midland Funding LLC, et al.,
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Defendants.
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Defendants Barry Bursey, Jason LeRoy, Monica Derrick, and Gina Scalese (the
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“Individual Bursey Defendants”) have filed a motion for judgment on the pleadings.
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Doc. 55. Plaintiff Baker has responded. Doc. 63. No party has requested oral argument.
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The motion will be granted.
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On January 30, 2014, the Court granted Defendant Midland Funding LLC’s
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motion for judgment on the pleadings. Doc. 56. The Court held that Plaintiff Baker’s
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claims against all defendants under the Fair Debt Collections Practices Act (“FDCPA”)
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were barred by the statute of limitations. Id. The Court held that any new allegations
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that Plaintiff may offer to support her FDCPA claims would be futile. Id. at 8. The
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Court granted Plaintiff leave to amend only her Fair Credit Reporting Act (“FCRA”)
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claims. Id.
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Plaintiff’s claims against the Individual Bursey Defendants all relate to her
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FDCPA claims. Specifically, Plaintiff claims that the Individual Bursey Defendants
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acted improperly in litigating the underlying lawsuit. Doc. 27-2, Am. Complaint, ¶¶ 58-
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65. The Court has already held, however, that post-filing litigation actions by Defendants
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do not constitute separate violations of the FDCPA that could extend the statute of
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limitations beyond the date of filing of the underlying lawsuit. Doc. 56 at 3-4.
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Plaintiff’s allegations under the FCRA are supported only by facts regarding the
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actions of Defendants Equifax and Midland. Id., ¶¶ 70-75. Plaintiff has not alleged that
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the Individual Bursey Defendants violated the FCRA.
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IT IS ORDERED that the motion for judgment on the pleadings as to the
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Individual Bursey Defendants (Doc. 55) is granted.
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Dated this 24th day of February, 2014.
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