Sparlin v. Select Portfolio Servicing, Inc.
| Decision Date | 17 February 2012 |
| Docket Number | No. CV 11-00240-TUC-CKJ (Lead Case),No. CV 11-00317-TUC-CKJ,No. CV 11-00268-TUC-CKJ,No. CV 11-00264-TUC-CKJ,No. CV 11-00263-TUC-CKJ,No. CV 11-00261-TUC-CKJ,No. CV 11-00316-TUC-CKJ,No. CV 11-00319-TUC-CKJ,No. CV 11-00262-TUC-CKJ,No. CV 11-00259-TUC-CKJ,No. CV 11-00241-TUC-CKJ,No. CV 11-00315-TUC-CKJ,No. CV 11-00266-TUC-CKJ,No. CV 11-00265-TUC-CKJ,No. CV 11-00318-TUC-CKJ,No. CV 11-00257-TUC-CKJ,CV 11-00240-TUC-CKJ (Lead Case),CV 11-00241-TUC-CKJ,CV 11-00257-TUC-CKJ,CV 11-00259-TUC-CKJ,CV 11-00261-TUC-CKJ,CV 11-00262-TUC-CKJ,CV 11-00263-TUC-CKJ,CV 11-00264-TUC-CKJ,CV 11-00265-TUC-CKJ,CV 11-00266-TUC-CKJ,CV 11-00268-TUC-CKJ,CV 11-00315-TUC-CKJ,CV 11-00316-TUC-CKJ,CV 11-00317-TUC-CKJ,CV 11-00318-TUC-CKJ,CV 11-00319-TUC-CKJ |
| Parties | MICHAEL BENSON SPARLIN and SHARON JEANETTE SPARLIN, husband and wife, Plaintiffs, v. SELECT PORTFOLIO SERVICING, INC., Defendant. |
| Court | U.S. District Court — District of Arizona |
CONSOLIDATED
Pending before the Court are Defendant's Motion for Declaratory or Summary Judgment (Doc. 16) and Motion to Dismiss and Request for Judicial Notice (Doc. 18). Also pending before the Court are Plaintiffs' Motion to Strike Pleadings (Doc. 26), Motion in Limine (Doc. 27), and Motion to File First Amended Complaint (Doc. 39). The Court finds it would not be assisted by oral argument. LRCiv 7.2(f).
Plaintiffs Michael Benson Sparlin and Sharon Jeanette Sparlin ("the Sparlins") have filed numerous lawsuits against Defendant Select Portfolio Servicing, Inc. ("SPS"). All werefiled in the Small Claims Division of the Pima County Consolidated Justice Court. Each case includes exactly two counts. The claims allege violations of either (1) the Fair Debt Collection Practices Act ("FDCPA"), 18 U.S.C. § 1692, et. seq., (2) the Fair Credit Reporting Act ("FCRA"), 18 U.S.C. § 1682 et. seq., or (3) regulations regarding the Arizona Debt Collection and Consumer Protection ("ADCCP") statute (see Title 20, Chapter 4, Article 15 of the Arizona Administrative Code).
On or about March 28, 2011, the Sparlins filed the first of their lawsuits against SPS. The Complaint pleads, CV 11-240, Doc. 1, Ex. A. SPS filed an Answer; the matter was removed to this Court on April 21, 2011.
On March 29, 2011, the Sparlins filed a second lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15USC 1692c(a)(1) for $1,000.00 Violation of ADCCPA R20-4-1514(A) for $1,000." CV 11-241, Doc. 1, Ex. A. SPS filed an Answer; the matter was removed to this Court on April 21, 2011.
On April 6, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15USC 1681s-2(a)(3) to TransUnion for $1,000 Violation of FDCPA 806(6) for $1,000." CV 11-257, Doc. 1, Ex. A. The action was removed to this Court on April 27, 2011.
On April 7, 2011, the Sparlins filed an additional lawsuit pleading, "[t]he defendant owes me $2,000 for the following reasons: "Violation 15USC 1681s-2(b)(B) to TransUnion for $1,000 Violation 15USC 1681s-2(b)(B) to Experian for $1,000." CV 11-259, Doc. 1, Ex. A. The action was removed to this Court on April 27, 2011.
On April 8, 2011, Plaintiffs filed another lawsuit pleading, "The defendant owes me $2,000.00 for the following reasons: Violation 15USC 1681s-2(b)(B) to Equifax for $1,000 Violation 15USC 1692e(10) for $1,000." CV 11-261, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On or about April 11, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of FDCPA 809(b) on 9/11/2010 for $1,000 Violation of FDCPA 809(b) on 10/11/2010 for $1,000." CV 11-262, Doc. a, Ex. A.1 The action was removed to this Court on April 29, 2011.
On April 11, 2011, the Sparlins filed an additional lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of FDCPA 809(b) on 10/12/2010 for $1,000 Violation of FDCPA 809(b) on 10/18/2010 for $1,000." CV 11-263, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On April 12, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of FDCPA 809(b) on 11/15/2010 for $1,000 Violation of FDCPA 809(b) on 11/16/2010 for $1,000." CV 11-264, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On April 13, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of FDCPA 809(b) on 12/2/2010 for $1,000 Violation of FDCPA 809(b) on 12/16/2010 for $1,000." CV 11-265, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On April 14, 2011, the Sparlins again filed a lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15USC 1692g for $1,000 Violation of 15USC 1692e(11) for $1,000." CV 11-266, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On April 15, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of AZ R20-4-1513(B)on 9/11/2010 for $1,000 Violation of AZ R20-4-1513(B)on 10/15/2010 for $1,000." CV 11-268, Doc. 1, Ex. A. The action was removed to this Court on April 29, 2011.
On May 26, 2011, SPS filed a Notice of Removal referencing CV11-510215-SC, an action filed in the Small Claims Division of the Pima County Consolidated Justice Court in the State of Arizona ("SCD") by the Sparlins. The Notice of Removal does not include a copy of the Complaint. See CV 11-315, Doc. 1. ON June 6, 2011, SPS filed a Notice of Filing of Pleadings Pursuant to LRCIV 3.7. The exhibit shows that, on March 30, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15 USC 1693c for $1,000.00 Violation of 15 USC 1651(g)(1)(D) for $1,000.00." CV 11-315, Doc. 9, Ex. A.
On May 26, 2011, SPS filed a Notice of Removal referencing CV11-510217-SC, an action filed in the SCD by the Sparlins. The Notice of Removal does not include a copy of the Complaint. See CV 11-316, Doc. 1. On June 9, 2011, SPS filed a Notice of Filing of Pleadings Pursuant to LRCIV 3.7. The exhibit shows that, on March 31, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15 USC 1681s-2(b)(1)(A) to Equifax for $1,000.00 Violation of 15 USC 1681s-2(b)(1)(A) to TransUnion for $1,000.00." CV 11-316, Doc. 9, Ex. A.
On May 26, 2011, SPS filed a Notice of Removal referencing CV11-510219-SC, an action filed in the SCD by the Sparlins. The Notice of Removal does not include a copy of the Complaint. See CV 11-317, Doc. 1. On June 9, 2011, SPS filed a Notice of Filing of Pleadings Pursuant to LRCIV 3.7. The exhibit shows that, on April 1, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15 USC 1681s-2(b)(1)(A) to Experian for $1,000.00, Violation of 15 USC 1681s-2(b)(C) to Equifax for $1,000.00." CV 11-317, Doc. 8, Ex. A.
On May 26, 2011, SPS filed a Notice of Removal referencing CV11-510220-SC, an action filed in the SCD by the Sparlins. The Notice of Removal does not include a copy of the Complaint. See CV 11-318, Doc. 1. On June 9, 2011, SPS filed a Notice of Filing of Pleadings Pursuant to LRCIV 3.7. The exhibit shows that, on April 4, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons:Violation of 15 USC 1681s-2(b)(C) to Experian for $1,000.00 Violation of 15 USC 1681s-2(b)(C) to TransUnion for $1,000.00." CV 11-318, Doc. 8, Ex. A.
On May 26, 2011, SPS filed a Notice of Removal referencing CV11-510225-SC, an action filed in the SCD by the Sparlins. The Notice of Removal does not include a copy of the Complaint. See CV 11-319, Doc. 1. On June 9, 2011, SPS filed a Notice of Filing of Pleadings Pursuant to LRCIV 3.7. The exhibit shows that, on April 5, 2011, the Sparlins filed another lawsuit pleading, "[t]he defendant owes me $2,000.00 for the following reasons: Violation of 15 USC 1681s-2(a)(3) to Experian for $1,000 Violation of 15 USC 1681s-2(a)(3) to Equifax for $1,000." CV 11-319, Doc. 8, Ex. A.
On July 18, 2011, this Court consolidated these actions.
On May 6, 2011, SPS filed a Motion for Declaratory or Summary Judgment (Doc. 16). The Sparlins have filed a response (Doc. 20) and SPS has filed a reply (Docs. 21 and 23).
Also on May 6, 2011, SPS filed a Motion to Dismiss and Request for Judicial Notice (Doc. 18). The Sparlins have filed a response (Doc. 20) and SPS has filed a reply (Doc. 22).
On July 5, 2011, the Sparlins filed a Motion to Strike Pleadings of Cory A. Talbot and Deny Motion to Transfer (Doc. 26). SPS has filed a response (Doc. 30) and the Sparlins have filed a reply (Doc. 35).
On July 11, 2011, the Sparlins filed a Motion in Limine (Doc. 27). SPS has filed a response (Doc. 31).
On July 22, the Sparlins filed a Motion to File Electronically (Doc. 34).
On September 16, 2011, the Sparlins filed a Motion to Dismiss CV 11-257 (Doc. 37). SPS has filed a response (Doc. 38).
On November 14, 2011, the Sparlins filed Motion for Leave to File First Amended Complaint (Doc. 39) and has lodged a Proposed First Amended Complaint (Doc. 40; see also Docs. 44 and 45). SPS has filed a response (Doc. 42) and the Sparlins have filed a reply (Doc. 46).
On January 23, 2012, the Sparlins filed a Notice of Filing Bankruptcy (Doc. 47).
On January 23, 2012, the Sparlins filed a Notice of Filing Bankruptcy stating that Mr. Sparlin filed for Chapter 13 Bankruptcy on November 14, 2011. Generally, such a filing would stay the commencement or continuation of a judicial action. See 11 U.S.C. § 362. However, an automatic stay occurs where the proceeding is against the debtor:
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