Plaintiff-appellant-cross-appellee Laura Kropelnicki appeals from a judgment entered in the United States District Court for the District of Connecticut (Dorsey, J.) dismissing her action to recover under the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. §§ 1692 et seq., the Connecticut Creditor Collection Practices Act ("CCCPA"), Conn. Gen.Stat. § 36a-645, and the Connecticut Unfair Trade Practices Act ("CUTPA"), Conn. Gen.Stat. § 42-110a, and denying her motion to amend her complaint. Defendants-appellees-cross-appellants Linda Strumpf, Esq. and her husband Hal Siegel (together "defendants") cross-appeal the district court's denial of their motion for sanctions brought pursuant to Federal Rule of Civil Procedure 11.
This action is based on Kropelnicki's claims that defendants violated the aforementioned statutes by (1) proceeding to judgment against her in a state court debt collection action despite having represented to her attorney that they would not advance the litigation without first contacting him; (2) directly communicating with her with knowledge that she was represented by an attorney; and (3) sending a threatening letter following the entry of judgment in the state court action.
The district court dismissed the CCCPA and CUTPA claims, holding that Kropelnicki's failure to respond to defendants' motion to dismiss them constituted a waiver of those claims. The court also dismissed the FDCPA claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, holding that defendants' alleged misrepresentations to Kropelnicki's attorney did not constitute a violation of the FDCPA and that the defendants' post-judgment letter mailed to Kropelnicki's house did not constitute a violation of the FDCPA as to her because the letter was written to her daughter. In ruling on a motion to reconsider, the district court (1) adhered to its prior decision; (2) held that two of Kropelnicki's claims were barred by the FDCPA's one-year statute of limitations; and (3) denied Kropelnicki's motion to amend her complaint.
For the reasons that follow, we affirm the judgment of the district court in part and dismiss the appeal in part.
Miner '56, Roger J., "Kropelnicki v. Siegel, 290 F. 3d 118 - Court of Appeals, 2nd Circuit 2002" (2002). Circuit Court Opinions. 73.
290 F.3d 118 (2002)
Laura KROPELNICKI, Plaintiff-Appellant-Cross-Appellee, v. Hal SIEGEL, Linda Strumpf, Defendants-Appellees-Cross-Appellants.Docket Nos. 01-7025, 01-7233.
United States Court of Appeals, Second Circuit.Argued November 8, 2001.Decided May 8, 2002.New York Law School location: File #3004, Box #143