Williams v. Kimball, Tirey & St. John LLP
| Ryan Williams |
| Kimball, Tirey & St. John LLP |
| 1:2022cv02423 |
| May 9, 2022 |
| US District Court for the Northern District of Illinois |
| Charles R Norgle |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 ENTERED JUDGMENT. Mailed notice. (cp, ) |
Filing 4
ORDER: Plaintiff filed his complaint on 5/9/22 asserting claims under 15 U.S.C. 1692 ("FDCPA"). This Court must determine whether it has jurisdiction to reach the merits of the parties' dispute, which requires the Court to determine whether Plaintiff has standing. The Seventh Circuit has issued several opinions requiring that FDCPA plaintiffs show a concrete, cognizable injury to satisfy the Constitution's standing requirements. Pierre v. Midland Credit Mgmt., Inc., 29 F.4th 934, 939 (7th Cir. 2022) ("Psychological states induced by a debt collector's letter... fall short... Confusion, we have held, is not a concrete injury in the FDCPA context... [the plaintiff] further testified that she experienced emotional distress arising from her concern about being sued for the debt. But worry, like confusion, is insufficient to confer standing in this context.); Smith v. GC Servs. Ltd. P'ship, 986 F.3d 708 (7th Cir. 2021); Nettles v. Midland Funding LLC, 983 F.3d 896 (7th Cir. 2020); Spuhler v. State Collection Serv., Inc., 983 F.3d 282 (7th Cir. 2020); Bazile v. Fin. Sys. of Green Bay, Inc., 983 F.3d 27 4 (7th Cir. 2020); Gunn v. Thrasher, Buschmann & Voelkel, P.C., 982 F.3d 1069 (7th Cir. 2020); Brunett v. Convergent Outsourcing, Inc., 982 F.3d 1067 (7th Cir. 2020); Larkin v. Fin. Sys. of Green Bay, Inc., 982 F.3d 1060 (7th Cir. 2020). Here, Plaintiff's complaint does not allege any cognizable injury that Plaintiff may have suffered as a result of Defendant's alleged violations of the statute, and therefore Plaintiff fails to establish standing. See Dkt. 1 at 3-4 (alleging that by its actions, "Defendant is overshadowing Plaintiffs rights" and "confused Plaintiff regarding his rights under 1692g."). Accordingly, Plaintiff's complaint is dismissed for lack of subject matter jurisdiction and the case is terminated. Signed by the Honorable Charles R. Norgle on 5/16/2022. Mailed notice(cp, )
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| Filing 3 CIVIL Cover Sheet (Carlin, John) |
| Filing 2 ATTORNEY Appearance for Plaintiff Ryan Williams by John P Carlin (Carlin, John) |
| Filing 1 COMPLAINT filed by Ryan Williams; Jury Demand. Filing fee $ 402, receipt number AILNDC-19441900. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Carlin, John) |
| CASE ASSIGNED to the Honorable Charles R. Norgle, Sr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (ey, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (ey, ) |
| SUMMONS Issued as to Defendant Kimball, Tirey & St. John LLP (ey, ) |
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| Plaintiff: Ryan Williams | |
| Represented By: | John P Carlin |
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| Defendant: Kimball, Tirey & St. John LLP | |
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