Lattrez v. Caliber Home Loans, Inc.MOTION to Dismiss/GeneralD. Minn.March 28, 2017UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA STEPHANIE LATTREZ, ) ) Plaintiff, ) Case No. 0:17-CV-00520 ) v. ) Judge Patrick Schlitz ) Magistrate Steven Rau CALIBER HOME LOANS, INC., ) ) Defendant. ) MOTION TO DISMISS Comes now Defendant, Caliber Home Loans, Inc. (“Caliber”) and respectfully requests that this Court dismiss Plaintiff’s Complaint. Plaintiff asserts, under a single count, violations of the Fair Debt Collection Practices Act (“FDCPA”), 15 U.S.C. §1692 et seq. Plaintiff alleges that Caliber communicated directly with Plaintiff in violation of a notice sent to a prior servicer that Plaintiff was represented by counsel. Plaintiff fails to plead that Caliber had actual knowledge that Plaintiff was represented by counsel at the time Caliber initially communicated with Plaintiff. Additionally, Plaintiff alleges that Caliber sent her a letter which failed to contain a notice that it was from a debt collector in attempt to collect a debt. However, such notice was provided, but was omitted from Plaintiff’s Complaint. Finally, Plaintiff alleges that counsel for Caliber directly contacted Plaintiff despite Plaintiff’s representation by counsel. Counsel for Caliber sent an informational letter with the express purpose of notifying Plaintiff of the commencement of foreclosure activities, which is not a debt collection activity under the FDCPA. For CASE 0:17-cv-00520-PJS-SER Document 10 Filed 03/28/17 Page 1 of 2 2 these reasons, as stated in the attached Memorandum in Support and incorporated herein, this Court should dismiss Plaintiff’s Complaint. Dated: March 28, 2017 Respectfully Submitted, /s/ Christopher J. Knapp Christopher J. Knapp (#344412) BARNES & THORNBURG LLP 2800 Capella Tower 225 South Sixth Street Minneapolis, Minnesota 55402-4662 Telephone: (612) 333-2111 Facsimile: (612) 333-6798 Christopher.Knapp@btlaw.com Robert C. Folland Admitted pro hac vice BARNES & THORNBURG LLP 41 South High Street, Suite 3300 Columbus, OH 43215 614-628-0096 (Office) 614-628-1433 (Facsimile) Rob.Folland@btlaw.com Co-Counsel for Defendant CASE 0:17-cv-00520-PJS-SER Document 10 Filed 03/28/17 Page 2 of 2
