United States District Court, E.D. Michigan, Southern Division
MEMORANDUM AND ORDER GRANTING DEFENDANTS' MOTION
FOR JUDGMENT ON THE PLEADINGS (DOCS. 22, 23) AND DISMISSING
COHN UNITED STATES DISTRICT JUDGE
a consumers rights case. Plaintiffs Todd and Marcia Bates
have sued the following defendants: Green Farms Condominium
Association (Association), the Highlander Group (Highlander),
and Makower Abbate Guerra Weger Vollmer PLLC (the Law Firm).
The complaint centers on a non-judicial foreclosure sale
after plaintiffs failed to pay condominium association dues.
The complaint asserts the following claims:
Count I - violation of the Fair Debt Collection Practices Act
Count II - Slander of Title
Count III - Conversion
Count IV - Conversion
the Court is the Law Firm's motion for judgment on the
pleadings on the grounds that based on the Supreme
Court's recent decision Obduskey v. McCarthy &
Holthus, 586 U.S. - (2019), plaintiffs do not have a
viable claim under the FDCPA. The other defendants have joined
in the motion. For the reasons that follow, the motion will
be granted. In light of dismissing the federal claim, the
Court will decline to exercise supplemental jurisdiction over
the state law claims. Further, given this determination,
plaintiff's pending motion to compel (Doc. 32) and the
Law Firm's motion to quash (Doc. 31) will be denied as
Todd and Marcia Bates owned a condominium unit in the Green
Farms Condominium community. Highlander was the property
manager. Plaintiffs defaulted on dues they owed to the
Association. The Association retained the Law Firm to
initiate nonjudicial foreclosure proceedings. Ultimately, a
third party purchased the condominium unit at the foreclosure
sued defendants in federal court, alleging that the actions
taken in connection with the nonjudicial foreclosure were
abusive debt collection practices, in violation of the Fair
Debt Collection Practices Act, 15 U.S.C. §1692, et seq.
and state law.
Fed.R.Civ.P. 12(c) a party may move for judgment on the
pleadings under Rule 12(c) when the pleadings have closed,
but the motion would not delay trial. Fed.R.Civ.P. 12(c).
12(c) motion is reviewed by “using the same standard as
applies to a review of a motion to dismiss under Rule
12(b)(6).” JPMorgan Chase Bank, N.A. v.
Winget, 510 F.3d 577, 581 (6th Cir. 2007). Rule 12(b)(6)
permits district courts to dismiss a complaint that fails
“to state a claim upon which relief can be
granted.” To survive a motion to dismiss under Rule
12(b)(6), a plaintiff must show that her complaint alleges
facts which, if true, would entitle her to relief. First
American Title Co. v. DeVaugh, 480 F.3d 438, 443 (6th
Cir. 2007). A complaint must contain allegations to support
all of the “material elements necessary to sustain a
recovery under some viable legal theory.” Weiner v.
Klais & Co., 108 F.3d 86, 88 (6th Cir. 1997). The
factual allegations of the complaint must be enough to raise