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Betz v. First Credit Services, Inc.

United States District Court, D. Columbia

October 15, 2015

NAEEM BETZ, Plaintiff,
v.
FIRST CREDIT SERVICES, INC., Defendant

          Naeem Betz, Plaintiff, Pro se, Washington, DC USA.

         For First Credit Services, Inc., Defendant: Ronald S. Canter, LEAD ATTORNEY, LAW OFFICES OF RONALD S. CANTER, LLC, Rockville, MD USA.

         Re Document Nos.: 3, 4, 5, 6, 8, 10

         MEMORANDUM OPINION

         RUDOLPH CONTRERAS, United States District Judge.

         Denying Plaintiff's Motion for Permission to Use Post Office Box Address, Denying Plaintiff's Motion for Leave to Obtain a User Name and Password for the Court's CM/ECF System, Denying Plaintiff's Request for Entry of Default, Denying Plaintiff's Motion for Default Judgment, and Granting Defendant's Motions for Extension of Time

         I. INTRODUCTION

         Plaintiff Naeem Betz, proceeding pro se, filed this action against Defendant First Credit Services, Inc. (" First Credit" ) seeking damages for alleged violations of the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., and the District of Columbia's Debt Collection Law, D.C. Code § 28-3814. See Compl., ECF No. 1. Several motions are currently pending in this case, and the Court resolves them together in this memorandum opinion and accompanying order.[1]

         II. BACKGROUND

         Mr. Betz commenced this action on August 25, 2015 and, in a " Certificate of Service," stated that a copy of the Complaint and summons " will be served" upon Bess Lochocki of The Echols Firm, LLC, outside counsel to First Credit, and Corporation Service Company, First Credit's registered agent for service in the District of Columbia. See Compl. at 20.

         On August 31, 2015, The Echols Firm received copies of the Complaint and summons by certified mail. See Decl. Bess D. Lochocki ¶ 2, Def.'s Mot. Extension of Time Ex. C (" Lochocki Decl." ), ECF No. 6-3. On September 2, 2015, Corporation Service Company received copies by certified mail. See Def.'s Mot. Extension of Time Ex. A, ECF No. 6-1. Corporation Service Company forwarded the copies of the Complaint and summons to First Credit by Federal Express, which First Credit received on September 8, 2015. See Def's Mot. Extension of Time Ex. B, ECF No. 6-2. Ms. Lochocki states that Corporation Service Company had not previously informed First Credit that it had accepted service and that First Credit's counsel understood the date of service to be September 8, 2015, rather than September 2, 2015, therefore believing that the deadline for First Credit to respond to the Complaint was September 29, 2015, rather than September 23, 2015. See Lochocki Decl. ¶ ¶ 6-7.

         On September 21, 2015, Mr. Betz filed an affidavit requesting that the Clerk of the Court enter a default pursuant to Rule 55(a) of the Federal Rules of Civil Procedure. See Aff. for Default, ECF No. 5. Default has not yet been entered, and that request remains pending. On September 24, 2015, First Credit filed a motion to extend the time for its response to the Complaint to September 29, 2015, the date First Credit's counsel originally believed its response to be due. See Def.'s Mot. Extension of Time, ECF No. 6. The next day, with the request for entry of default still pending, Mr. Betz filed a motion for default judgment pursuant to Rule 55(b). See Mot. Default Judgment, ECF No. 8. On September 29, 2015, First Credit filed a motion for partial dismissal of the Complaint. See Def.'s Mot. Dismiss, ECF No. 9. On October 2, 2015, First Credit filed an amended motion for extension of time to include a meet-and-confer statement in accordance with Local Civil Rule 7(m) and stated that its motions for an extension of time would be opposed. See Def.'s Am. Mot. Extension of Time, ECF No. 10.

         III. ANALYSIS

         The Court first addresses Mr. Betz's motions for permission to use a Post Office Box address as his residence in this case and for leave to obtain a username and password for the Court's Case Management/Electronic Case Filing system before turning to the various motions concerning the timing of First Credit's response to the Complaint.

         A. Mr. Betz's Motion for Permission to Use a Post Office ...


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