Yergovich v. Small Community Specialists, LLC. et al, No. 1:2017cv00865 - Document 70 (E.D. Va. 2018)

Court Description: MEMORANDUM OPINION Signed by District Judge T. S. Ellis, III on 9/11/2018. (acha, )

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Yergovich v. Small Community Specialists, LLC. et al Doc. 70 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division ROBERT A. YERGOVICH, Plaintiff, ) ) V. SMALL COMMUNITY SPECIALISTS ) ) ) LLC,et a/., Defendants. ) ) Case No. 1:17-cv-865 ) MEMORANDUM OPINION At issue on cross-motions for summaryjudgment in this Fair Debt Collection Practices Act (FDCPA)' case are the following questions^: (1) Does the complaint adequately allege the injury in fact required to confer standing on plaintiff? (2) Are defendants—^the community manager of a home owner's association and its parent entities—"debt collectors" under the FDCPA so as to be subject to the Act's strictures? For the reasons that follow,(i) the complaint adequately alleges the requisite injury in fact and standing, but (ii) defendants do not qualify as "debt collectors" under the FDCPA and hence summary judgment must be granted in favor of defendants. I. Summary judgment is appropriate where "the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. '15 U.S.C. § 1692-1692p. ^ After conducting a hearing on defendants' motion to dismiss, an order issued, noting that "it [was] unclear on the current record (i) whether plaintiff suffered an injury in fact; and (ii) whether defendants were acting as 'debt collectors' when they sent the letters in question to plaintiff and the proposed class." Yergovich v. Small Community Specialists, LLC., et al.. No. 1:17-cv-00865-TSE-JFA, Order, EOF No. 28, at 8 (Jan. 23, 2018). As a result of the hearing on the motion to dismiss, the parties were ordered to engage in limited discovery and file summary judgment briefs regarding these potentially dispositive threshold issues. Id. Both parties complied with the order and filed crossmotions for summary judgment on these issues. 1 Dockets.Justia.com

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