United States District Court, D. Columbia
Betz, Plaintiff, Pro se, Washington, DC USA.
First Credit Services, Inc., Defendant: Ronald S. Canter,
LEAD ATTORNEY, LAW OFFICES OF RONALD S. CANTER, LLC,
Rockville, MD USA.
Document Nos.: 3, 4, 5, 6, 8, 10
CONTRERAS, United States District Judge.
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
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.
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.
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.
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.
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.
Mr. Betz's Motion for Permission to Use a Post Office ...