Crawford et al v. Katz, Greenberger and Norton et al

Filing 18

REPORT AND RECOMMENDATIONS re 9 and 13 Motions to Dismiss: It is Recommended that defendants' motions to dismiss (Docs. 9, 13) be GRANTED and that plaintiff's complaint be DISMISSED and this matter be closed on the docket of the Court. Objections to R&R due by 6/5/2015. Signed by Magistrate Judge Karen L. Litkovitz on 5/18/15. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

EDWARD CRAWFORD, et al,
Plaintiffs,

vs.
KATZ, GREENBERGER, AND
NORTON, et ai,

Case No. l:14-cv-812
Dlott, J.
Litkovitz, M.J.
REPORT AND
RECOMMENDATION

Defendants.

Plaintiffs Edward Crawford and Joanne Summerow, proceeding pro se, bring this action
against defendants Katz, Greenberger and Norton and its employees Scott Spangenberg and Cara
Cooper (the Katz defendants) and Drexel at Oakley, Investor, LLC, Lincoln Property
Management, and Valarie Jackson (the Drexel defendants), alleging, among other things,
violations of the Fair Debt Collection Practices Act (FDCPA). (Doc. 3). This matter is before

the Court on defendants' joint motions to dismiss (Docs. 9, 13) and plaintiffs' memoranda in
opposition (Docs. 14, 16).
I. Background

Plaintiffs filed their complaint in this matter on October 22, 2014. (Doc. 3). The

complaint asserts claims against the Katz and Drexel defendants for violations of the Fair Credit
Reporting Act, the FDCPA, the Ohio Consumer Collection Practices Act, the Ohio Deceptive
and Unfair Trade Practices Act, the Ohio Residential Landlord and Tenant Act, the Fair Housing

Act, as well as state law claims of intentional infliction of emotional distress, consumer fraud,

trespass, conversion, constructive eviction and conspiracy. (Id. at 1). The complaint sets forth
the following factual allegations.

Plaintiffs are prior tenants of an apartment complex managed by the Drexel defendants.

In approximately June 2014, the Drexel defendants sent plaintiffs a notice to vacate their