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Karle et al v. Stellar Recovery Inc et al

MEMORANDUM in Support re MOTION for Judgment on the Pleadings Defendant's Motion for Judgment on the Pleadings Defendant's Memorandum of Law in Support of Its motion for Judgment on the Pleadings

44 Cited authorities

  1. Estelle v. Gamble

    429 U.S. 97 (1976)   Cited 54,738 times   6 Legal Analyses
    Holding that the government has an obligation to provide medical care to incarcerated persons

  2. Maldonado v. Fontanes

    568 F.3d 263 (1st Cir. 2009)   Cited 859 times
    Holding that a consensus of three circuits was sufficient to establish that the killing of a pet was a seizure within the meaning of the Fourth Amendment

  3. Ahmed v. Rosenblatt

    118 F.3d 886 (1st Cir. 1997)   Cited 715 times
    Holding that the "bald assertion" that unspecified defendants used mail and wire communications to commit fraud does not meet Rule 9(b)'s pleading requirement

  4. Aponte-Torres v. University of Puerto Rico

    445 F.3d 50 (1st Cir. 2006)   Cited 426 times
    Holding that the plaintiffs "fail[ed] to articulate a cognizable federal claim"

  5. Arruda v. Sears, Roebuck Co.

    310 F.3d 13 (1st Cir. 2002)   Cited 158 times
    Holding plaintiff to this standard in a bankruptcy action

  6. Wright v. Finance Service of Norwalk, Inc.

    22 F.3d 647 (6th Cir. 1994)   Cited 167 times
    Holding that executrix could sue because the Act applies to anyone who "stand in the shoes of the debtor [with] the same authority as the debtor to open and read the letters of the debtor"

  7. Meadows v. Franklin Collection Serv

    414 F. App'x 230 (11th Cir. 2011)   Cited 95 times   1 Legal Analyses
    Holding that the defendant's calls constituted harassment even though the plaintiff never answered them

  8. Beauvoir v. Israel

    794 F.3d 244 (2d Cir. 2015)   Cited 72 times
    Holding that money owed as a result of theft is not "an obligation or alleged obligation of a consumer to pay money arising out of a transaction" and, therefore, does not constitute a debt for purposes of the FDCPA

  9. Gulf Coast Bank Trust Co. v. Reder

    355 F.3d 35 (1st Cir. 2004)   Cited 84 times
    Finding ten-day period previously allowed by Rule 56(c) sufficient

  10. O'Connor v. Nantucket Bank

    992 F. Supp. 2d 24 (D. Mass. 2014)   Cited 52 times   1 Legal Analyses
    Concluding that lender complied with requirements of RESPA governing duty of loan servicer to respond to borrower inquiries when it responded to mortgagors' broad information requests, where lender provided mortgagors with their loan history, a contact person, and included copies of note, mortgage, loan modification documents the mortgagors executed, and then recent appraisal of property

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,212 times   83 Legal Analyses
    Defining debt collector

  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,646 times   733 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  14. Section 1692d - Harassment or abuse

    15 U.S.C. § 1692d   Cited 1,895 times   22 Legal Analyses
    Limiting debt collectors’ ability to use threats of violence, publicize lists of consumers allegedly refusing to pay debts, cause a telephone to ring repeatedly or continuously, or engage someone in telephone conversation repeatedly or continuously

  15. Section 1692c - Communication in connection with debt collection

    15 U.S.C. § 1692c   Cited 1,629 times   51 Legal Analyses
    Regulating communications with consumers