Sweeten v. Mountainland Collections et al, No. 1:2011cv00179 - Document 28 (D. Utah 2013)

Court Description: MEMORANDUM DECISION AND ORDER granting Motion to Dismiss Plaintiffs Fourth Cause of Action. Signed by Judge David Nuffer on 3/26/13. (alt)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH, NORTHERN DIVISION LISA H. SWEETEN, MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS PLAINTIFF S FOURTH CAUSE OF ACTION Plaintiff, v. MOUNTAIN LAND COLLECTIONS, INC., IASIS HEALTHCARE, Does I through X, Case No. 1:11-CV-00179-DN District Judge David Nuffer Defendants. The court reviewed Defendant Mountain Land Collections, Inc. s Motion to Dismiss Plaintiff s Fourth Cause of Action 1 and the briefing of the parties, and finds that Plaintiff has not alleged collection activity that would be reasonably offensive to a reasonable person. Jones v. U.S. Child Support Recovery, 961 F. Supp. 1518 (D. Utah 1997). The allegations in the Amended Complaint show only that Mountain Land acted reasonably to collect a debt believed to be owed. IT IS HEREBY ORDERED that the Motion to Dismiss is GRANTED and Plaintiff s Fourth Cause of Action is DISMISSED. DATED this 26th day of March, 2013. BY THE COURT: David Nuffer United States District Court Judge 1 Dkt. number 12, filed June 18, 2012.

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