Blanche M. Dellapietro v. ARS National Services, Inc.
692 F.3d 1162
| 11th Cir. | 2012Background
- Consolidated appeals challenge district court dismissals for lack of subject matter jurisdiction under Rule 12(b)(1) based on settlement offers for $1,001, exceeding the FDCPA cap and not including a judgment.
- Appellees offered to settle each FDCPA claim for the statutory damages amount plus unspecified attorneys’ fees and costs, without an accompanying judgment.
- Appellants did not accept the offers; the district court dismissed as moot because the offers allegedly resolved the claims.
- The district court relied on authority suggesting offers for full relief can moot a case, but noted that no offer of judgment was included.
- Court must determine whether the offers mooted the claims given the absence of a judgment and the need for enforcement of any judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether settlement offers for full relief mooted the FDCPA claims without an offer of judgment | Zinni, Dellapietro, Desty contend no judgment, so live disputes remain | Offers provided full statutory damages plus fees but no judgment, thus mooted | No; mooting requires a judgment offer, so live disputes remained |
Key Cases Cited
- Greisz v. Household Bank (Ill.), N.A., 176 F.3d 1012 (7th Cir. 1999) (offer of judgment for full relief can moot but must include judgment)
- Rand v. Monsanto Co., 926 F.2d 596 (7th Cir. 1991) (failure to offer judgment prevents mooting if full relief is not embodied in judgment)
- Simmons v. United Mortg. & Loan Inv., LLC, 634 F.3d 754 (4th Cir. 2011) (failure to offer judgment prevents mooting FLSA claims)
- Friends of Everglades v. S. Fla. Water Mgmt. Dist., 570 F.3d 1210 (11th Cir. 2009) (mootness requires live controversy; settlement without judgment can fail to moot)