Docket Searcher, LLC v. Boyd William Gentry, et al.

Summary

The United States District Court for the Southern District of Ohio granted motions to dismiss filed by Midland Credit Management, Inc. and Boyd William Gentry in an action arising from subpoenas issued in Ohio state-court debt-collection litigation. The court held that the subpoenas were not communications made in connection with the collection of a debt under the Fair Debt Collection Practices Act and dismissed that claim with prejudice. The court declined supplemental jurisdiction over the negligence and punitive-damages claims, dismissing them without prejudice; claims against LVNV Funding LLC remained pending.

Holdings

1. The subpoenas issued to Docket Searcher, a nonparty, were not communications in connection with the collection of a debt because their animating purpose was not to induce payment by a debtor.
2. Docket Searcher failed to state a claim under the FDCPA against Gentry and Midland Credit, and the FDCPA claim was dismissed with prejudice.
3. After dismissing the federal FDCPA claim, the court declined to exercise supplemental jurisdiction over the negligence and punitive-damages claims and dismissed them without prejudice.

Questions Presented

1. Whether subpoenas served on a nonparty in state-court litigation were communications in connection with the collection of a debt under the FDCPA.
2. Whether Docket Searcher stated an FDCPA claim against Gentry and Midland Credit under 15 U.S.C. §§ 1692c(b), 1692d, 1692e, and 1692f.
3. Whether the court should exercise supplemental jurisdiction over the remaining Ohio-law negligence and punitive-damages claims after dismissing the federal claim.

Disposition

dismissed