Lobianco v. Hayter
2013 U.S. Dist. LEXIS 70169
N.D. Fla.2013Background
- Defendants, debt-collection defendants, moved to dismiss under Rule 12(b)(1) alleging lack of subject matter jurisdiction.
- Plaintiff Barry Lobianco alleges FDCPA violations from a June 15, 2012 debt-collection letter.
- Plaintiff claims the letter violated FDCPA notice and dispute provisions, specifically 15 U.S.C. § 1692g(a)(4) and (b).
- On March 13, 2013, Defendants served a Rule 68 offer of judgment for $1,100 plus all costs, disbursements, and fees to date.
- Plaintiff did not accept; Defendants moved to dismiss arguing the offer mooted the claim by providing full relief.
- Court sua sponte reviews whether the offer of judgment divests jurisdiction, concluding it does not because post-offer fees are excluded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the offer moot the FDCPA claim? | Lobianco argues offer provides full relief only if it includes post-offer fees. | Defendants contend offer fully satisfies the claim under Rule 68 and moots the case. | No mootness; offer did not provide complete relief due to post-offer fees. |
| Whether an unaccepted Rule 68 offer of judgment can moot a case. | Offer limited to date-of-offer costs/fees; not complete relief. | Unaccepted offer can moot if it provides full relief of the plaintiff's claim. | Not moot; post-offer fees excluded the complete relief requirement. |
| Does the case remain subject to federal jurisdiction if the claim is not moot? | If not moot, court retains subject-matter jurisdiction. | Offer attempts to divest jurisdiction if construed as complete relief. | Jurisdiction remains; dismissal denied. |
Key Cases Cited
- McElmurray v. Consol. Gov't of Augusta-Richmond Cnty, 501 F.3d 1244 (11th Cir.2007) (uncontested facts; 12(b)(1) can be decided on law)
- Zinni v. ER Solutions, Inc., 692 F.3d 1162 (11th Cir.2012) (full damages offer minus judgment not complete relief)
- Thompson v. Pharmacy Corp. of Am., Inc., 334 F.3d 1242 (11th Cir.2003) (statutory fees include fees for litigating fees)
- Sheely v. MRI Radiology Network, P.A., 505 F.3d 1173 (11th Cir.2007) (standing and mootness; real stake in issues)
- Genesis Healthcare Corp. v. Symczyk, 133 S. Ct. 1523 (2013) (mootness in the context of settlement-like relief)
- Chafin v. Chafin, 133 S. Ct. 1017 (2013) (case becomes moot when no effectual relief remains)