PETRAGLIA v. U.S. BANK N.A. et al
OPINION filed. Signed by Judge Anne E. Thompson on 1/9/2018. (mmh)
NOT FOR PUBLICATION
JAN 09 2018
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
WILLIAM T. WALSH
EDWARD G .. PETRAGLIA,
Civ. No. 17-6325
U.S. BANK, N.A., in its direct capacity as a
debt collector; SELECT PORTFOLIO
SERVICING, INC., in its direct capacity as a
debt collector, and as agent for U.S. Bank,
N.A.; MILSTEAD & ASSOCIATES, INC., in
its direct capacity as a debt collector;
GREGORY J. TENCZA; 314 ATLANTIC
AVENUE - SPRING LAKE, LLC; ABC
CORP. DEFENDANTS I - X; and JOHN
DOE DEFENDANTS I - X,
This matter comes before the Court on a motion to dismiss brought by Defendants U.S.
Bank, N.A. ("U.S. Bank") and Select Portfolio Servicing, Inc. ("SPS") (collectively,
"Defendants"). (ECF No. 26.) The Motion is unopposed. The Court has decided the Motion after
considering the written submissions without oral argument pursuant to Local Civil Rule 78.1 (b ).
For the following reasons, Defendants' Motion is granted.
Plaintiff brings this action under the Fair Debt Collection Practices Act ("FDCPA"), 15
U.S.C. § 1692 et seq., for claims of "abusive, deceptive, and unfair" conduct by various actors
related to the foreclosure of Plaintiffs home. (Compl. <)[ 1, ECF No. 1.) Plaintiff was in default
on his home mortgage, original!y owed to W amu Mortgage Pass-Through Certificates Series
2006-AR9, and U.S. Bank initiated foreclosure proceedings in state court as successor trustee to
the mortgage. (Id. 'J[ 2.) SPS was the mortgage sub-servicer on behalf of U.S. Bank. (Id. 'J[ 24.)
Defendant Milstead & Associates, LLC ("Milstead") was the law firm representing U.S. Bank in
the foreclosure action. (Id.
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