Baker v. NRA Group, LLC

Filing 32

ORDER DENYING AS MOOT (1) DEFENDANT NRA GROUP, LLC'S MOTION TO COMPEL PURSUANT TO FED. R. CIV. P. 37 (Docket No. 25 ) and (2) DEFENDANT NRA GROUP, LLC'S MOTION TO MAINTAIN CONFIDENTIALITY OF DOCUMENTS (Docket No. 23 ). By Magistrate Judge Michael J. Watanabe on 1/29/2014.(klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02665-MSK-MJW
SCOTT BAKER,
Plaintiff,
v.
NRA GROUP, LLC, a Pennsylvania limited liability company,
Defendant.
ORDER REGARDING
(1) DEFENDANT NRA GROUP, LLC’S MOTION TO COMPEL PURSUANT TO FED.
R. CIV. P. 37 (Docket No. 25)
and
(2) DEFENDANT NRA GROUP, LLC’S MOTION TO MAINTAIN CONFIDENTIALITY
OF DOCUMENTS (Docket No. 23)
Entered by Magistrate Judge Michael J. Watanabe
This matter was before the court on January 22, 2014 for hearing on Defendant
NRA Group, LLC’s Motion to Compel Pursuant to Fed. R. Civ. P. 37 (docket no. 25) and
Defendant NRA Group, LLC’s Motion to Maintain Confidentiality of Documents (docket
no. 23). The court has reviewed the subject motions (docket nos. 25 and 23), the
responses (docket nos. 27 and 29) and reply (docket no. 31). In addition, the court has
taken judicial notice of the court’s file and has considered applicable Federal Rules of
Civil Procedure and case law. The court now being fully informed makes the following
findings of fact, conclusions of law and order.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The court finds:
1.

That I have jurisdiction over the subject matter and over the parties

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to this lawsuit;
2.

That venue is proper in the state and District of Colorado;

3.

That each party has been given a fair and adequate opportunity to
be heard;

4.

That this is a Fair Debt Collections Practice Act (“FDCPA”) case
brought by the Plaintiff pursuant to 15 U.S.C. § 1692, et seq. In
the Complaint, Plaintiff alleges that Defendant NRA Group, LLC, a
Pennsylvania limited liability company (“NRA”) violated the FDCPA
by: (a) falsely stating that plaintiff’s account with NRA would be
reported to the credit bureaus until paid and that paying the account
was the only way to get the accounts off of the credit reports; and
(b) NRA reported plaintiff’s account to the credit bureaus despite
plaintiff’s purported “dispute” of the account. See Complaint
(docket no. 1) at ¶¶ 27-71, 85;

5.

That NRA seeks an Order from this court compelling Plaintiff to
provide to NRA a full and complete respond to Interrogatory no. 8
and 24 and to Requests for Production of Documents Nos. 2, 9,13
and 21. See subject motion (docket no. 25);

6.

That the subject motion (docket no. 25) is MOOT and should be
DENIED per Defendant NRA Group, LLC’s Combined Reply
Regarding Motion to Maintain Confidentiality of Documents (docket
no. 23) and Motion to Compel Pursuant to Fed. R. Civ. P. 37
(docket no. 25) Pursuant to Court Order (docket no. 30) [docket no.

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31]. In particular, see paragraph 4 in docket no 31; and
7.

That the parties have now informed this Court that the personal
contact information for NRA employees Lori Gutshall and Ashley
Johnson is not confidential since such personal information is in the
public domain. Accordingly, the request to keep such personal
contact information for Ms. Gutshall and Ms Johnson is MOOT and
that part of the subject motion (docket no. 23) should be DENIED.
As to Ms. Chille’s personal contact information, Plaintiff’s counsel,
Mr. Larson has now agreed to keep the personal contact
information for Ms. Chille confidential for the time being, but would
like to reserve the right to raise the claim of confidentiality later in
the case. See paragraph 3 in docket no. 31. NRA argues that the
issue concerning confidentiality of Ms. Chille’s personal contact
information is ripe for ruling because it does not want to re-litigate
this issue later in this case. This court finds that the issue of
confidentiality of the personal contact information concerning Ms.
Chille is currently MOOT and not at issue at this time, noting that
Mr. Larson, as an officer of this court, has informed NRA’s counsel
that he will not seek disclose to Ms. Chille’s personal contact
information to any third parties at this time and, in essence, will only
use such information in this case only.

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ORDER
WHEREFORE, based upon these findings of fact and conclusions of law this
court ORDERS:
1.

That Defendant NRA Group, LLC’s Motion to Compel Pursuant to
Fed. R. Civ. P. 37 (docket no. 25) is DENIED as MOOT;

2.

That Defendant NRA Group, LLC’s Motion to Maintain
Confidentiality of Documents (docket no. 23) is DENIED as MOOT;

3.

That Plaintiff may use the personal contact information for Ms.
Chille for this case only and for no other purpose. If Plaintiff wishes
to try and use Ms. Chille’s personal contact information for any
purpose other than for this case, Plaintiff must seek a Court Order
to do so;

4.

That the documents submitted by Defendant for in camera review
during the January 22, 2014 hearing shall be returned to
Defendant. The documents shall be kept in the court’s chambers
until they can be picked up by Defendant; and

5.

That each party shall pay their own attorney fees and costs for
these motions (docket nos. 25 and 23).
Done this 29th day of January 2014.

BY THE COURT
s/ Michael J. Watanabe
MICHAEL J. WATANABE
U.S. MAGISTRATE JUDGE