Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Schmitt v. Messerli & Kramer, P.A.

United States District Court, D. Nebraska

August 15, 2019

VICTOR E. SCHMITT, on behalf of himself, and all others similarly situated, Plaintiff,
v.
MESSERLI & KRAMER, P.A., Defendant.

          MEMORANDUM AND ORDER

          Laurie Smith Camp Senior United States District Judge

         This matter is before the Court on the Motion to Dismiss, ECF No. 17, filed by Defendant Messerli & Kramer, P.A (M&K). For the reasons stated below, the Motion will be granted.

         BACKGROUND

         The following facts are those stated in Plaintiff's Complaint, ECF No. 1, which the Court accepts as true for the purposes of this Motion to Dismiss.

         On May 1, 2018, CACH, LLC (CACH), [1] through its attorneys, M&K, filed a standard-form debt collection complaint in the County Court of Sarpy County, Nebraska, against Plaintiff, Victor E. Schmitt. The state court complaint is incorporated in Schmitt's complaint. ECF No. 1-1. The state court complaint alleged in its entirety the following:

1. Plaintiff is a legal entity existing under the laws of the United States.
2. Defendant is a resident of the county of SARPY County, Nebraska.
3. On or about July 27, 2007, Defendant did enter into a contract.
4. Defendant breached the contract by failing to make payment in accord with the terms of the contract.
5. After giving Defendant credit for all payments made, as of April 27, 2018, there remains an unpaid principal balance of $16, 370.25.
6. Plaintiff is damaged as a result in the amount of $16, 370.25.
7. Upon information and belief, Defendant is not an active member of the Armed Forces of the United States or of its Allies.

ECF No.1-1, ¶¶ 1-7. M&K routinely uses this standard-form complaint to initiate debt collection actions against consumer-debtor defendants in the State of Nebraska.

         In response to the county court complaint, Schmitt filed a motion for judgment on the pleadings or for a more definite statement. The motion for judgment on the pleadings was granted and the complaint was dismissed with prejudice. The case was reopened by the county court, and CACH and M&K were given leave to file an ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.