Abbott v. Capital Credit & Collection Service, No. 2:2009cv00678 - Document 9 (D. Utah 2010)

Court Description: MEMORANDUM DECISION that Defendants Motion to Dismiss 6 is converted to one for summary judgment. Plaintiff shall file its response, if any, within 21 days from the entry of this order. Defendant may file an optional reply no later than 14 days following any response by Plaintiff. Signed by Judge Ted Stewart on 05/06/2010. (asp)

Download PDF
IN THE UNITED STATES COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION SCOTT ABBOTT, Plaintiff, MEMORANDUM DECISION AND ORDER CONVERTING DEFENDANT S MOTION TO DISMISS TO MOTION FOR SUMMARY JUDGMENT, AND SETTING RESPONSE TIME vs. CAPITAL CREDIT & COLLECTION SERVICE, INC., Case No. 2:09-CV-678 TS Defendant. This case was removed from state court based on Plaintiff s claim under the Fair Debt Collections Practices Act (FDCPA). Plaintiff s second claim is under the Utah Consumer Sales Practices Act (UCSPA). Pursuant to Fed. R. Civ. P. 12(b), Defendant moves to dismiss the case because the FDCPA and the UCSPA do not apply to this case. Defendant argues that those Acts apply only to consumer debts and the debt at issue in this case is a commercial debt incurred for Plaintiff s business. In support, Defendant 1 relies on an exhibit consisting of a Loan Agreement.1 Plaintiff has not responded. Because the Motion attaches and relies on a matter outside of the pleadings, the Motion must be treated as one for summary judgment under Rule 56" and Plaintiff given a reasonable opportunity to present all the material that is pertinent to the motion."2 The Court finds that an additional 21 days will afford Plaintiff a reasonable opportunity to present material that is pertinent to the motion. It is therefore ORDERED that Defendant s Motion to Dismiss (Docket No. 7) is converted to one for summary judgment. Plaintiff shall file its response, if any, within 21 days from the entry of this order. Defendant may file an optional reply no later than 14 days following any response by Plaintiff. DATED May 6, 2010. BY THE COURT: _____________________________________ TED STEWART United States District Judge 1 Docket No. 7, Ex. A. 2 Fed. R. Civ. P. 12(d). 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.