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Martinez v. Alltran Financial LP

United States District Court, D. Arizona

April 23, 2019

Domingo Martinez, Plaintiff,
v.
Alltran Financial LP, Defendant.

          ORDER

          Douglas L. Rayes United States District Judge.

         Plaintiff Domingo Martinez's complaint accuses Defendant Alltran Financial LP of violating the Telephone Consumer Protection Act and the Fair Debt Collection Practices Act by calling his cell phone using an automated telephone dialing system without prior consent. (Doc. 1.) In addition to denying liability, Defendant's answer purports to state sixteen affirmative defenses, of which Plaintiff has moved pursuant to Federal Rule of Civil Procedure 12(f) to strike the following thirteen:

1. The Complaint fails to state a claim upon which relief may be granted.
3. Plaintiff's claims are barred, in whole or in part, by the applicable statutes of limitations.
4. Plaintiff's claims are barred, in whole or in part, by the doctrines of estoppel, release, and waiver.
5. Any injuries that Plaintiff may have suffered, such being denied, were not as a result of any conduct on the part of Alltran.
6. Alltran's actions or inactions were not the proximate, legal, or substantial cause of any damages, injuries or losses suffered by Plaintiff, the existence of which is denied.
9. Plaintiff has not suffered any injury.
10. Plaintiff lacks Article III standing.
11. Plaintiff lacks statutory and/or prudential standing.
12. Plaintiff is not entitled to the damages sought in the Complaint.
13. If Plaintiff suffered any damages or losses, such damages or losses were caused, in whole or in part, by Plaintiff's own conduct, acts or omissions.
14. Plaintiff failed to mitigate damages, if any.
15. Plaintiff's claims under the FDCPA are barred due to an absence of any actual damages. Hence, any statutory damages are an excessive fine and violate Alltran's rights under the Due Process and Takings Clause of the United ...

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