United States District Court, D. Minnesota
Teresa Lorenz, Pro Se, 7811 209th Street North, Forest Lake, Minnesota 55025.
Calvin P. Hoffman, and Timothy M. Kelley, Esqs., Stinson Leonard Street LLP, 150 South Fifth Street, Suite 2300, Minneapolis, Minnesota 55402, for Defendant.
REPORT AND RECOMMENDATION
STEVEN E. RAU, Magistrate Judge.
The above-captioned case comes before the undersigned on Defendant JP Morgan Chase's ("JP Morgan") Motion for Summary Judgment. (JP Morgan's Mot. for Summ. J., "Mot. for Summ. J.") [Doc. No. 39]. This matter has been referred for the resolution of pretrial matters pursuant to 28 U.S.C. § 636(b)(1)(A) and District of Minnesota Local Rule 72.1. In addition, the Honorable Patrick J. Schiltz referred all dispositive motions to the undersigned. (Order of Reference) [Doc. No. 6]. For the reasons stated below, the Court recommends granting JP Morgan's motion.
Plaintiff Teresa Lorenz ("Lorenz") filed her Complaint against JP Morgan Chase on April 26, 2013, alleging violation of the Fair Debt Collection Practices Act ("FDCPA") and negligence, both arising out of a dunning letter dated June 8, 2011. (Compl.) [Doc. No. 1 at 6, 13-14]. As relief, Lorenz asks:
1. For an order declaring the foreclosure prosecuted by Defendant, void and of no force and effect;
2. For [quiet] title as to the above referenced claims by Defendant;
3. For $100, 000 for the above referenced violation of the Fair Debt [C]ollection Practice Act on proof at trial;
4. For pre-judgment and post-judgment interest according to proof at trial;
5. For attorney's fees and costs as provided by statute; and
6. For such other relief as the Court deems just and proper.
( Id. at 15). JP Morgan answered Lorenz's Complaint on May 30, 2013. (Answer) [Doc. No. 5].
Lorenz also filed a Motion for a Preliminary Injunction on April 26, 2013, seeking an order from the Court preventing foreclosure on her property until the conclusion of this lawsuit. (Mot. for a Preliminary Injunction) [Doc. No. 3]. A hearing on Lorenz's Motion for a Preliminary Injunction and a pretrial conference were held on September 23, 2013. (Amended Minute Entry Dated Sept. 23, 2013) [Doc. No. 19]. At the hearing, Lorenz withdrew her Motion for a Preliminary Injunction. ( Id. ).
On December 4, 2013, Lorenz filed an Amended Complaint against Bank of New York Mellon, without bringing a motion, or following the other requirements of District of Minnesota Local Rule 7.1 and Federal Rule of Civil Procedure 15(a). (Am. Compl.) [Doc. No. 21]. Due to Lorenz's failures to comply with Local Rule 7.1 and Federal Rule of Civil Procedure 15(a), the Court struck Lorenz's Amended Complaint. (Order Dated Dec. 10, 2013) [Doc. No. 26]. On April 4, 2014, Lorenz filed a motion to amend her complaint. (Pl.'s Mem. in Supp. of Mot. ...