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Echlin v. Dynamic Collectors, Inc.

United States District Court, W.D. Washington

April 29, 2015

ZACHARY ECHLIN, on behalf of himself and others similarly situated, Plaintiff,
v.
DYNAMIC COLLECTORS, INC., Defendant

For Zachary Echlin, on behalf of himself and others similarly situated, Plaintiff: Aaron D Radbil, LEAD ATTORNEY, PRO HAC VICE, GREENWALD DAVIDSON PLLC, BOCA RATON, FL; Jesse S Johnson, LEAD ATTORNEY, PRO HAC VICE, GREENWALD DAVIDSON RADBIL PLLC, BOCA RATON, FL; Mathew J. Cunanan, DC LAW GROUP N.W. LLC, SEATTLE, WA.

For Dynamic Collectors, Inc., Defendant: Marc Rosenberg, LEE SMART PS INC, SEATTLE, WA

ORDER DENYING PLAINTIFF'S MOTION FOR A CONTINUANCE, GRANTING DEFENDANT'S MOTION TO STRIKE, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, DENYING AS MOOT DEFENDANT'S MOTION FOR A PROTECTIVE ORDER, AND GRANTING IN PART AND DENYING IN PART PLAINTIFF'S MOTION FOR EXTENSION OF TIME

BENJAMIN H. SETTLE, United States District Judge.

This matter comes before the Court on several motions from both parties (Dkts. 14, 21, 25, 29, 35). The Court has considered the pleadings filed in support of and in opposition to the motions and the remainder of the file and hereby rules as follows:

I. PROCEDURAL HISTORY

On September 10, 2014, Plaintiff Zachary Echlin (" Echlin" ) filed a class action complaint against Defendant Dynamic Collectors, Inc. (" Dynamic" ). Dkt. 1. On October 20, 2014, Echlin filed an amended complaint. Dkt. 9. Echlin alleges that Dynamic violated various provisions of the Fair Debt Collection Practices Act (" FDCPA" ), 15 U.S.C. § 1692. Id. ¶ ¶ 47--62.

On January 8, 2015, Dynamic moved for summary judgment. Dkt. 14. On January 26, 2015, Echlin responded and moved to continue Dynamic's motion. Dkt. 21. On January 28, 2015, Dynamic renoted its motion for March 13, 2015. Dkt. 22. On March 9, 2015, Echlin filed a supplemental response. Dkt. 28. On March 12, 2015, Dynamic replied. Dkt. 31. On March 13, 2015, Echlin filed a surreply. Dkt. 34. That same day, Dynamic moved to strike Echlin's surreply as improper.[1] Dkt. 35.

On February 26, 2015, Dynamic moved for a protective order regarding class discovery. Dkt. 25. On March 11, 2015, Echlin responded. Dkt. 30. On March 12, 2015, Dynamic replied. Dkt. 33.

On March 9, 2015, Echlin moved to extend the deadline for filing a class certification motion. Dkt. 29. On March 18, 2015, Dynamic responded. Dkt. 36. Echlin did not file a reply.

II. FACTUAL BACKGROUND

In September 2013, Echlin received medical treatment from PeaceHealth Medical Group (" PeaceHealth" ). Dkt. 9 ¶ ¶ 9--10; Dkt. 15, Declaration of Colette Huerta-Dowell (" Huerta-Dowell Dec." ), Ex. 3. Following his treatment, Echlin had a balance on his PeaceHealth account. Huerta-Dowell Dec., Ex. 3. PeaceHealth's Consent for Treatment and Financial Agreement states that " [a]ccounts are payable in full at the time of billing," and " [a]ll accounts not paid within 30 days may be considered past due unless satisfactory payment arrangement has been made." Dkt. 9 ¶ 14. PeaceHealth's Patient Financial Policy further provides:

In the event that a patient stops making payment on his/her outstanding balance for longer than 45 days, he/she will be considered as having a delinquent account. . . . Patients with outstanding balances may have their accounts forwarded to a collection agency after 90 days of non-payment.

Id. ¶ 12.[2]

On November 21, 2013, a payment was made on Echlin's PeaceHealth account. Huerta-Dowell Dec. ¶ 6, Ex. 3. On December 5 and 19, 2013, two more payments were made on Echlin's account. Id. In January, February, and March 2014, PeaceHealth sent Echlin letters regarding his account balance. Id. Payments were not made in response to these letters. Id.

Dynamic has a contract with PeaceHealth to serve as PeaceHealth's collection agency. Huerta-Dowell Dec. ¶ 2, Ex. 1. The contract provides that there is a thirty-day " pre-collection period" on all open accounts. Id. During this period, Dynamic " assists PeaceHealth by sending a pre-collection letter to a person that is considered delinquent on their account." Huerta-Dowell Dec. ¶ 3.

Sometime after April 14, 2014, Echlin received a letter printed on PeaceHealth letterhead (" April 2014 letter" ). Dkt. 9 ¶ ¶ 17--18. The letter ...


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