Moorer v. U.S. Bank N.A.
| Decision Date | 29 January 2018 |
| Docket Number | No. 3:17-cv-56 (VAB),3:17-cv-56 (VAB) |
| Court | U.S. District Court — District of Connecticut |
| Parties | TANIA MOORER, Plaintiff, v. U.S. BANK N.A., et al., Defendants. |
Tania Moorer ("Plaintiff" or "Ms. Moorer"), proceeding pro se, sued U.S. Bank N.A., Successor Trustee to Bank of America, N.A., Successor in Interest to LaSalle Bank N.A., On Behalf of the Registered Holders of Bear Stearns Asset Backed Securities I L.L.C. ("the Trust") and Selective Portfolio Servicing, Inc. ("SPS") (collectively "U.S. Bank Defendants" or "U.S. Bank"); Glass & Braus, L.L.C. ("Glass & Braus"); and Bendett & McHugh, P.C. ("Bendett & McHugh") (collectively "Defendants"), alleging misconduct on the part of Defendants related to a state-court foreclosure action in violation of the federal Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq.; the federal Fair Credit Reporting Act ("FCRA"), 15 U.S.C. § 1681, et seq.; and the Fifth and Fourteenth Amendments to the U.S. Constitution; and under the common-law torts of defamation, fraud, and intentional infliction of emotional distress ("IIEP"), and civil conspiracy. ECF No. 56.
Defendants now move to dismiss the Amended Complaint, Mots. To Dismiss, ECF Nos. 17, 20, 30, and Ms. Moorer has moved to amend the Amended Complaint, ECF No. 63.
For the reasons that follow, the Court GRANTS the motions to dismiss and DENIES the motion to amend and motions to strike.
Ms. Moorer argues that Defendants "unlawfully trespassed and committed fraud upon and against the Plaintiff and her property and unlawfully slandered Plaintiff's reputation, unlawfully caused monetary and emotional injury to Plaintiff due to their direct and intentional acts." Amend. Compl. ¶ 1, ECF No. 56 at 3. In support of this contention, the Amended Complaint maintains that Ms. Moorer never entered into a contract with Defendants. Am. Compl. ¶ 9. U.S. Bank allegedly has not loaned Ms. Moorer "any amount of money," and therefore she does not owe any money to U.S. Bank. Id. ¶¶ 10-11. The Amended Complaint further maintains that Defendants are third-party debt collectors "since they are not the original creditors." Id. ¶ 12.
On October 21, 2014, U.S. Bank, through its counsel at Bendett & McHugh, P.C., sued "Tania D. Paige Moorer" in Connecticut Superior Court allegedly seeking payment on a promissory note and mortgage in default that had been assigned to U.S. Bank. See generally Oct. 21, 2014, Compl. ¶¶ 1, 6, U.S. Bank's Br., Ex. A, ECF No. 17-3. On August 10, 2015, the court granted U.S. Bank's motion for strict foreclosure. Aug. 10, 2015 Order, U.S. Bank's Br., Ex. B, ECF No. 17-4. U.S. Bank, however, moved, on December 14, 2015, to vacate the judgment because the account was allegedly "being reviewed for a loan modification," U.S. Bank's Mot. toVacate at 1, U.S. Bank's Br., Ex. C, ECF No. 17-5, which the court granted. Jan. 5, 2016, Order, U.S. Bank's Br., Ex. D, ECF No. 17-6.
On or around February 23, 2016, U.S. Bank again moved the court for judgment and strict foreclosure. U.S. Bank's Mot. for J. of Strict Foreclosure, U.S. Bank Br., Ex. E, ECF No. 17-7; Amend. Comp. ¶ 28. Ms. Moorer, in response, moved to dismiss U.S. Bank's claim in its entirety. Moorer's Mot. to Dismiss at 1, U.S. Bank's Br., Ex. F, ECF No. 17-8. The court summarily dismissed the case under Connecticut Practice Book Section 17-4(c)(1).2 May 6, 2016, Order at 1, U.S. Bank's Br., Ex. G., ECF No. 17-9. The court denied U.S. Bank's motion to open the judgment of dismissal. July 5, 2016, Order at 1, U.S. Bank's Br., Ex. I, ECF No. 17-11.
On November 20, 2016, Glass & Braus sent Ms. Moorer a letter that read, in relevant part:
We have been retained by [U.S. Bank] to collect [the] debt, which is, according to our client's records, overdue. This letter represents our demand for payment. If you intend to contest this debt or request validation thereof . . . or to exercise your rights . . . please call or otherwise contact us . . . within the next 30 days.
Notice Under the Fair Debt Collection Practices Act, Glass & Braus Br., Ex. A, ECF No. 21. The letter further stated:
On December 7, 2016, U.S. Bank, through counsel at Glass & Braus, brought a new action to foreclose upon Ms. Moorer's mortgage. See generally Dec. 7, 2016, Compl., U.S. Bank's Br., Ex. J, ECF No. 17-12; Amend. Compl. Id. ¶ 28. According to Glass & Braus, that same day it received a Notice of Dispute dated December 9, 2016, from Ms. Moorer. Glass & Braus Br. at 3, ECF No. 21; December 9, 2016, Notice of Dispute ("Notice of Dispute"), Pl.'s Opp. to U.S. Bank's Mot. to Dismiss, Ex. J, ECF No. 25 at 59. The Notice of Dispute, which was directed at Glass & Braus states:
In response to a letter that was sent by you dated November 20, 2016, I hereby dispute the validity of this debt pursuant to the Fair Debt Collections Practic[es] Act, 15 U.S.C. [§] 1692g []. Please send to me all of the certified documents that you have in your file at the time of this request concerning the alleged debt. In addition, please send the name and business address of the alleged original creditor.
Notice of Dispute, Pl.'s Opp. to U.S. Bank's Mot. to Dimiss, Ex. J, ECF No. 25 at 59.
Upon receiving such notice, Glass & Braus allegedly ceased all action against Ms. Moorer and forwarded the Notice of Dispute to its client. Glass & Braus Br. at 3. SPS allegedly provided a copy of a copy of the Mortgage Note and a copy of her transaction history to Ms. Moorer. Id., Ex. C. Since filing the December 7, 2016, complaint, Glass & Braus alleges that it has "undertaken absolutely no action in the foreclosure matter against [Ms. Moorer] and has withdrawn as counsel." Id. a 4.
The Amended Complaint alleges that before, during, and after U.S. Bank filed suit against Ms. Moorer, and notwithstanding her alleged "prior cease requests," Defendants sentpayment requests to Ms. Moorer. Id. ¶¶ 13. The Amended Complaint alleges that, by way of SPS, U.S. Bank, presumably in correspondence seeking to collect on Ms. Moorer's debt, misrepresented the dollar amount at issue and that any amount U.S. Bank and SPS claimed Ms. Moorer owed was fraudulent due to the fact that she owed them no money. Id. ¶ 15. On July 18, 2016, allegedly, U.S. Bank, again through SPS, sent correspondence through the mail to Ms. Moorer that threatened the sale of Moorer's property. Id. ¶ 17.
On November 20, 2016, Glass & Braus allegedly falsely held itself out as acting in the capacity of attorneys, when, in fact, the Amended Complaint alleges, it was acting "in a debt-collector's capacity." Id. at 18. On December 7, 2016, U.S. Bank, through Glass & Braus, again allegedly threatened the sale of Ms. Moorer's property, which was unlawful, the Amended Complaint maintains, because Ms. Moorer had disputed the amount owed. Id. ¶ 19.
The Amended Complaint alleges that, on September 12, 2016, U.S. Bank, acting through SPS, "defamed" Ms. Moorer's character by reporting false debts on her credit report. Id. ¶ 21. U.S. Bank allegedly failed to remove the false information from Ms. Moorer's credit report "in a timely manner" as she requested. Id. ¶ 24. U.S. Bank, acting through Bendett & McHugh, also allegedly defamed Ms. Moorer's "public reputation" by allegedly entering false public records into the Town of Stratford's land records in the form of lis pendens. Id. ¶ 22. Under the terms of 15 U.S.C. § 1681i, Ms. Moorer allegedly, through U.S. Bank's "express acknowledgement of Plaintiff's dispute," indirectly notified the credit reporting agency of the disputed debt. Id. ¶ 25.
On January 12, 2017, Ms. Moorer brought suit against Defendants. U.S. Bank moved to dismiss the Complaint arguing that her claims are barred under the Noerr-Pennington andConnecticut litigation privilege doctrines, which, U.S. Bank argues, protect its right to petition the state court for redress. U.S. Bank's Mot. to Dismiss at 1, ECF No. 17. In the alternative, U.S. Bank argues that the Complaint must be dismissed because it "fails to state any claim." Id. at 2.
Glass & Braus moved to dismiss the Complaint by challenging the Court's subject matter jurisdiction and on the basis that the Complaint fails to state a claim upon which the Court may grant relief. Glass & Braus Mot. to Dismiss at 1, ECF No. 20.
Finally, Bendett & McHugh moved to dismiss the Complaint for failure to state a claim upon which the Court may grant relief. ECF No. 30.
The Court granted leave for Ms. Moorer to file an Amended Complaint and noted that it would consider Defendants' pending motions as addressed to the Amended Complaint. ECF No. Further, the Court granted leave for Defendants to submit supplemental briefs to address the Amended Complaint. Id. None did so. Ms. Moorer's Amended Complaint maintains that U.S. Bank and SPS intended to and did "damage Plaintiff financially by not returning all payments made to them, coerced from her by fraud." Id. ¶ 29. Defendants allegedly damaged Ms. Moorer's "standing in her community, defam[ed] her character [and] creditworthiness," causing her "loss of time at work, financial loss, [] trauma, humiliation, pain,...
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