United States District Court, D. Nebraska
VICTOR E. SCHMITT, on behalf of himself, and all others similarly situated, Plaintiff,
MESSERLI & KRAMER, P.A., Defendant.
MEMORANDUM AND ORDER
Smith Camp Senior United States District Judge
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.
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.
1, 2018, CACH, LLC (CACH),  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
2. Defendant is a resident of the county of SARPY County,
3. On or about July 27, 2007, Defendant did enter into a
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
6. Plaintiff is damaged as a result in the amount of $16,
7. Upon information and belief, Defendant is not an active
member of the Armed Forces of the United States or of its
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.
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 ...