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Zellerino v. Roosen

United States District Court, E.D. Michigan, Southern Division

July 29, 2015

JANICE ZELLERINO, Plaintiff,
v.
ANDREW ROOSEN, and SALEM SHUBASH d/b/a ARMORED INVESTMENT GROUP, Defendants

For Janice Zellerino, Plaintiff: Amanda Marie Longendyke, Lyngklip & Associates Consumer Law Center, Southfield, MI; Carl Schwartz, Lyngklip & Associates Consumer Law Center, PLC, Southfield, MI; Ian B. Lyngklip, Lyngklip Assoc Consumer Law Center, PLC, Southfield, MI.

For Andrew Roosen, Salem Shubash, Defendants: Robert J. Hah, Cummings, McClorey, Livonia, MI.

Page 947

OPINION AND ORDER GRANTING IN PART DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS, DISMISSING DISCOVERY MOTIONS AS MOOT, AND DISMISSING COMPLAINT WITHOUT PREJUDICE

DAVID M. LAWSON, United States District Judge.

Plaintiff Janice Zellerino has brought a class action lawsuit against defendants Andrew Roosen and Salem Shubash under

Page 948

the Fair Credit Reporting Act (FCRA). She alleges that the defendants impermissibly obtained her consumer report -- and the reports of thousands of other people -- through a company called Amored Investment Group for the sole purpose of soliciting debt relief services for their other companies. The defendants filed a motion for judgment on the pleadings and summary judgment, arguing, among other things, that the Court lacks personal jurisdiction. The plaintiff opposed the defendants' motion, arguing that the Court had personal jurisdiction because the defendants' actions impacted the plaintiff in Michigan. The Court heard oral argument on the motion on June 19, 2015. At the hearing, the Court noted that neither party had addressed the Supreme Court's decision of Walden v. Fiore, __U.S.__ , 134 S.Ct. 1115, 188 L.Ed.2d 12 (2014), which this Court believed had a significant bearing on the question of personal jurisdiction in this case. The Court took the motion under advisement and permitted the parties to submit supplemental briefs addressing the case. Both parties have done so. After reviewing their submissions, the Court believes it must dismiss the case for lack of personal jurisdiction over the named defendants. Therefore, the case will be dismissed without prejudice.

I.

Plaintiff Janice Zellerino is a Michigan citizen. According to the plaintiff's complaint and the parties' motion papers, defendants Andrew Roosen and Salem Shubash operate a common law partnership called Amored [not " Armored" ] Investment Group. The plaintiff alleges in conclusory style that Roosen and Shubash are " doing business in Michigan," but there are no facts to back up those allegations, and the plaintiff says that their business office is located at 9241 Irvine Boulevard, Irvine, California.

The plaintiff alleges that the defendants' partnership exists only to obtain consumer reports for use by the defendants' other businesses, which include Armored Financial Solutions, Armored Financial Services, Inc., Armored Investment Group, Armored Debt Center, Armored Home Loans, and LHDR or Legal Helpers Debt Resolution, all of which operate from the single office in Irvine, California.

The plaintiff alleges that the defendants unlawfully accessed her consumer report on March 21, 2012 while acting under the false trade name of Amored Investment Group. The entry on her credit report reads " PRM-Amored Investment Group" and the address for the company is listed as the Irvine Boulevard address. The plaintiff contends that the defendants did not have any permissible purpose to access her credit report and instead sought her credit information for the purpose of soliciting debt relief services for their other companies. The plaintiff alleges that the defendants falsely certified to Equifax or its agents that they would use the reports for permissible purposes only, they did not have a permissible purpose to access the report, and the plaintiff has suffered damages as a result, namely an invasion of privacy. The complaint alleges that the defendants have also obtained the credit reports of thousands of other people.

On July 11, 2014, the plaintiff filed a putative class-action lawsuit against the defendants for violations of the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681 et seq. Zellerino seeks to represent " all persons within the United States whose identities in the records of Equifax as being the subject of consumer reports obtained by Amored Investment Group within the five years preceding the filing of the complaint."

On April 21, 2015, the defendants filed a motion for a ...


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