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Case 1:05-cv-10256-PBS Document1 Filed 02/09/2005 Page 1 of 7 UNITED STATES DISTRICT COURT jpj 1 Eaié D DISTRICT OF MASSACHUSETTS “ERKS OF Figg og Civil Action No. “0S Fe “9 Py; C!
1025 O PBS DISTRICT Mee COUR:
TODD J. BENNETT, CT OF Mags.’ Plaintiff v. MAGISTRATE suoee_ AGH PROGRESSIVE ASSET MANAGEMENT SERVICES, INC., and LOS ANGELES COUNTY DEPARTMENT OF WATER AND POWER, Defendants
ATE r DEFENDANTS’ NOTICE OF REMOWAA The defendants Progressive Asset Management Services, Inc. (“Progressive”) and Los Angeles County Department of Water and Power (“Department”), hereby remove the within action from the Woburn District Court (Middlesex County) to the United States District Court for the District of Massachusetts, pursuant to 28 U.S.C., §§ 1331, 1441(a), (b), and 1446(a). As grounds for the removal of this action, the defendants state as follows:
(1) The plaintiff Todd J. Bennett (“Bennett”) commenced a civil action in the Woburn District Court on or about December 29, 2004, captioned Todd J. Bennett v. Progressive Asset Management Services, Inc. and Los Angeles County Department of Water and Power, Wobum District Court, Civil Action No. 0453CV1321;
(2) Service of the Summons and Complaint was purportedly made on the defendants Progressive and Department on or after January 10, 2005;
(3) The plaintiff's Complaint alleges that an unknown person applied for an account with the Department using information about Bennett (identity theft), that the Department hired Progressive to collect amounts unpaid on the account, that Bennett later learned about this and told the defendants that their pursuit was of the wrong person, that the defendants failed to clear ID # 419955v01/13807-6/ 02.08.2005
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Case 1:05-cv-10256-PBS Document 1 Filed 02/09/2005 Page 2of7 Bennett’s credit report of the negative credit information promptly, and that Bennett was harmed by the defendants’ conduct;
(4) The plaintiff claims that the alleged conduct violated the Massachusetts General Laws and the federal statutes commonly known as the Fair Credit Reporting Act (15 USC §1681 et seq.) and the Fair Debt Collection Practices Act (15 USC §1692 et seq.);
(5) The plaintiff has a usual place of business in Wilmington, Massachusetts. The defendant Progressive is a corporation with a usual place of business in Simi Valley, California, and the defendant Department has a usual place of business in Los Angeles, California;
(6) This Court has original jurisdiction over this controversy pursuant to 28 U.S.C. §1331 as the plaintiff alleges violations of the Laws of the United States. Attached hereto, pursuant to 28 U.S.C. §1446(a), are copies of the Summons and Complaint with which the defendants were served in this matter.
PROGRESSIVE ASSET MANAGEMENT
SERVICES, INC., and LOS ANGELES COUNTY DEPARTMENT OF WATER AND POWER, By their attorney, Stu Po (‘o oh Zz Steven S. Broadley, BBO #542305 Posternak Blankstein & Lund, LLP Prudential Tower 800 Boylston Street, 32"? Floor Boston, MA 02199-8004 617-973-6100 CERTIFICATE OF SERVICE I, Steven S. Broadley, Esquire of Posternak, Blankstein & Lund, LLP, hereby certify that onthis ¥ day of February, 2005, I caused a copy of the above to be mailed to Brian T, Corrigan, Esquire, Todd J. Bennett, Esquire, Corrigan, Bennett & lfort, P.C., 404 Main Street, Suite One, Wilmington, MA 01887.
Steven S. Broadley ID # 419955yv01/13807-6/ 02.08.2005
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JAN-27-2885 16:37 KLEBRN & SAMOR Filed 02/09/2005 Page 3 Oe. on Fae yyy F1-05-cv-10256-PBS Document 1 . a) 0: "05 13:07 #244 Pog
~ Gevnnonineslth of Massuchnsetts Bistrict Gewts of Massachusetts OBURN D Ti wa Moe oN Atencion —- Ese 3s ung noufiexeton obeial de Woburn, Massachveetes 01807 ecors Si Ud jp sabe leer ingles, : a credinens FBI/I35-4000 Atentad ~— fine fam avi90 oficial da ‘Tribunal.
#0 Vora mind sabe leringles, chtcuhy Gaducao, Mitidlesex 53 , Todd J. Bennetr, Plaintizs * Civil Action No. G435356V1321 N v. z Progressive Assetc Masagement Se-vicas, Enc. & its on Fae Res tenred ea Teudeisan® ote Dept. of Wazec and Powe e OF 1965 Yowmi=s By Ste 2%, Sint Ve" sh0g3 (nerme)} (address) You are hereby summoned and requized Io serve upon aTadthemerts plaintiff ("s alomey}, . 4 —.. 4 copy of your Bnswer to whose address is ™ t. Ste 1 the complaint which js herewith served upon you, Within 20 days after sarvice of mais summons, Xclusive of the day of servics. You sre Tequired to file int i i either before service upon plainttf('s attomey), or within 5 requirements, judgment by default: may be rencered apainer you for ths ROl epptar personally in court te answer the complainr, Unless otherwise provided by Rule 13(a), your answer TRUSE State a8 a counterclaim any claim which you may have against the plaintiff? Which arises out of the transaction or Gcwuirence thet is the subject marrer of tha Plaintiff's claim or you will be barred from making such ¢laim in any Other action.
WITNESS __ MARIE 0, JAGKSON-THOMPSON , Presiding Justice, on ‘f Note; (1) Wher more than one defendant iz involved, che names of all defendants should appear in the scrion. ifs Srarale samMOns if used for each deferdone each should be addressed to the pariouler cafencart,
(2) The number agsienad ro the somplain: by the Clerk at commencement of the action should pe affived 9 this summons before it i¢ served, | Iserved a copy of the Within summons, together with the copy of the
| (daze of services} complaint in this action, upon the widtin named defendant, in the following manner (gee Rule 4(g) (1-89):
tsignarure)
inane ond utile) edciress) Nore: (7) The parton serving the pracess shall make proof of servics thereoy in writing fo che SOUr and f0 the Saety er ins Alotmey, gs thé case may oe, who has requested such service. Proof of servips sha! 3a made sromotly and ty any event Within the sare time during whieh the person parvad Must rewpond 1 the process. Rue 406,
(2) Pleats place date you make Servive On defondany iq the box on the Copy Served on tha défendane on ihe original rerumed 9 the cour and Wie copy returned ro the person WEIN service or his anocnzy,
(3) TY service is mada at the [zgr and usual placc of abode, the officer Shall forthwith shai? Sree class g SQDY OF she summons to auch lasr and usual plaza gf abeda, and shell set forth in che retum the dere of mailing and whe aderess co which the suawnona was Sent [G.L. 2 733, seq, 31).
Berm 24 2M 44299 This form proscribed by she Chie? Justice of m= District Courts,
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9617 —-P. a4 259 84 JAN=27-2885 4 S65 885 -cv-1026E PBS “Badcument1 Filed 02/09/2005 Page 4 of 7 ee ~ 0: “9005 19:08 #244 P.008
COMMONWEALTH OF MASSACHUSETTS
)DLESEX ss. WOBURN DISTRICT COURT MDD * TRIAL COURT DEPARTMENT
- DOCKET NO. 0453CV1321 TODD J. RENNETT, ) .
Plaintiff .
¥, } AMENDED COMPLAINT AND DEMAND
) FOR TRIAL BY JURY
PROGRESSIVE ASSET MANAGEMENT )
SERVICES, INC. and ) LOS ANGELES COUNTY DEPARTMENT) OF WATER AND POWER ) ——__Defendant, 8 =i) I, PARTIES 1, The Plaingiff, Todd J. Beret (Plaintiff), is a resident of the Commonwealth oT Massachusegs, The Defendant, Progressive Asser Management, Ina. (Progressive), on information aod belief, is a Califomia Corporation engaged: in the business of debt collection, The principal address af Progressive is 5924 E. Los Angeles Avenue, Ste. P, Sumi Valley, CA 93063, NS The Detendant, Los Angeles Councy Department of Water and Power (LAD WP), on information and belief, is an etitity engaged in the business of providing water ' and/or power services, with a principal address of 111 North Hope Screet, Les Angeles, CA 90012, ua Ik / Facts 3, Plaintiff has been a resident af the Commonwealth of Massachusetts consistently Sines October, 1999 and never resided in California,
6. Somezime in 2002 or 2003; an unknown PersOS or persons applied for an account with che LADWP using Plainti=> 5 personel information and/or social security number. Additionally, services were provided to this/these vnlnown person/s by the LAD WP in Las Angeles Counry, CA.
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Thisthese unknown person/s failed to pay 8 balance of $129,00 and ostensibly, the LAD WP hired Progressive to collect this debt.
8. This debt was placed onto Plaintiff's credit report.
Plaintid# only found out abour this nagetive credit information when he applied Zor his auto loan in o> about Seotember of 2003.
10. Shortly thereatter iz the Fall of 2003, Piaintif coatacted the LAD WP aod Progressive and provided extensive documentation thar he never lived in California, but instead, wag a resident of Messachusetts. Furthermore, Plainriff provided proof that be had been bratticing law continuously ‘n Mass achuserts Since 1999.
I1, LADWP and Progressive failed to investigars and/or take reasonable measures both before placing negative credit information on Plaineifi"s credit report and/or after Plaintiff notified Defendants of the problem,
12. In April of 2004, both Progressive and the LADWP advised Plaintiff thar he was exonerated from the $129.00 water bill.
13. Nevertheless, the negative data persisted on Plaintiff's credit report, —
14. Both the LADWP and Progressive commumicated with Plaintiff ar Plaintiff's business address of 404 Main Street, Suite 1, Wilmington, MA
15. Plaintiff continued to commnnisae with beth Defendants and advised them that the negative credit data wag adversely affecting him and thar he demanded that ir be removed without haste.
Nevember 22, 2004, Plaine? seer « demand letter purstant to M.G.L. o.93A, Teletive to the delay in temoving the negative credit data fom Plainvift’s credit 7eport. This letter wag sen to both Defendants.
17, Plaintiff reesived a Courtesy copy of his credit report tom Experian cated December 17, 2004, and aoliced that on November 29, 2004 and without Plaintiff's consent, Progressive viewed Plainsity'; credit repoz,
18. in viewing Plaintig? s credit reaor without his consen: Snl¢ withoue lagitimate Purpose, Plzincifl's credit Tepoxi Ow reads under the “‘commenis" Section, a5 follows: “Collection Purpose. Tis cnowiry is scheduled to condnue on record anil 12.2006."
19. LADWP failed to Tespond to the darnand letter.
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JAN-27-2005 16
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20, Progressive responded ta the istter, but faifed to tender a reasonable offer af semlement end failed to otserwise comply with M.GL, 93a, TH.
counts -- COUNT ONE... - VIOLATION OF MASSACHUSETTS GENERAL MASSACHUSETTS REGULATIONS RELAT COLLECTION LAWS AND CODE OF ING TO UNFAIR DEBT 10, The Plainti? hereby reiteraras and incorporates all Paragraphs of this Complaint as if fully stated herein gressive violated Massachusetcs General Laws and the Code of Massachusetts Regulation relative to debe collection. «12. Plaintitt was damaged.
~ COUNT TWO -
VIOLATION OF THE FAIR CREDIT REPORTING act
14. The actions of both the LADWP and Progressive violated the Fair Credi¢ Reporting Act -
15. Plaintiff was damaged.
-- COUNT THREE -.
VIOLATION OF THE FAIR DEBT COLLECTION PRACTICES act
16. The Plaintiff bereby Testates ang incorporares all Paragraphs of this Comniaint as if fully stated herein,
17. The actions of both the LADWP A and Progressive vinlated the Pair Debt Ollsction Practiqns Act
18. Plainzit® wag damaced, ~ COUNT FOLR ..
VIOLATION OF VLG... C934, SECTIONS 2 AND 9 Page 3 of 3
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eC: 1:05-cv-10256-PBS * Bocument 1 Filed 02/09/2005 Page7 tity —°.8" Prat 5 OL "506 12:06 4244 Pong | 19, The Plaintiff hereby restates end incorporates al] paragraphs of this Cernplain: as : if fully sated herein, 20, The actions of both the LADWP and Progressive violated the Massachussetts Consumer Protection Act.
' .
21, Plaintiff was damaged, TV.
PRAYER FOR F Ee WHEREFORE, the Plaincff respecaiilly requests the following:
1. Judgment againse defendants, jointly and severslly:
2. Costs and atromey’s fees;
3. Multiple damages; and 3, Any other relief dis Court desms fair and Just, ¥.
EMAND
The Plaintiff hereby demands 8 trial by jury on all issues under this civil actiog. Respectfully subpuitted,
- a Date: January 5 2005 Chien 7 opts Brian T. Comigan, Esq:
BRO #641750
Todd J. Bennert BE OF 643185 Comizan, Benner & Belfort, F.C, AQd Main Straet, Suite One 4 Wilmington, MLA 01887 Tel; (978) 988-1544 Page 4 of 4 TOTAL P.a@?
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Case 1:05-cv-10256-PBS Document1-2 Filed 02/09/2005 Page 1 of 2 UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS
1. Title of case (name of first party on each side only) FILE Bennett v. Progressive Asset Management Services, Inc. P j ah § ,F Fak S OF F iC E
5 suf
2. Category in which the case belongs based upon the numbered nature of suit codtSteekah Cbitreovss sheet. (See tocal rule 40.1{a}(1)).
COURT
iJ.5. DISTRICT © SS.
160, 410, 470, R.23, REGARDLESS OF NATURE OF SUIT.
_ - DISTRIGT OF
__ 195, 368, 400, 440, 441-444, 540, 550, 555, 625, 710, 720, 730, *Also complete AO 120 or AO 121 740, 790, 791, 820", 830", 840*, 350, 890, 892-894, 895, 950. for patent, trademark or copyright cases _ In. 110, 120, 130, 140, 151, 190, 210, 230, 240, 245, 290, 310, 315, 320, 330, 340, 345, 350, 355, 360, 362, 365, 370, 371, | 380, 385, 450, 891. Xi 480 lV. 220, 422, 423, 430, 460, 510, 530, 610, 620, 630, 640, 650, 660, 690, 810, 861-865, 870, 871, 875, 900.
Vv. 150, 152, 153.
3. Title and number, if any, of related cases. (See local rule 40.1(g}). If more than one prior related case has been filed in this district please indicate the title and number of the first filed case in this court.
NONE.
4, Has a prior action between the same parties and based on the same claim ever been filed in this court?
YES 0 NO
5. Does the complaint in this case question the constitutionality of an act of congress affecting the public interest? (See 28 USC §2403) ves LI no If so, is the U.S.A. or an officer, agent or employee of the U.S. a party?
YES O NO O
6. Is this case required to be heard and determined by a district court of three judges pursuant to title 28 USC §22847 YES oO NO
7. Do all of the parties inthis action, excluding governmental agencies of the united states and the Commonwealth of Massachusetts (“governmental agencies”), residing in Massachusetts reside in the same division? - (See Local Rule 40.1(d)}}. YES no LJ 1, If yes, in which division do_all of the non-governmental parties reside?
Eastern Division Central Division O Westem Division oO
2. If no, in which division do the majority of the plaintiffs or the only parties, excluding governmental agencies, residing in Massachusetts reside?
Eastern Division C) Central Division O Western Division Oj
8. If filing a Notice of Removal - are there any motions pending in the state court requiring the attention of this Court? {If yes, submita separate sheet identifying the motions) vs O NO (PLEASE TYPE OR PRINT) ATTORNEY'S NAME : Steven 8. Broadley, BBO #542305 ADDRESS : Posternak Blankstein & Lund LLP, 800 Boylston Street, 337 Floor, Boston, MA 02199 TELEPHONE NO, : 617-973-6136 (CATEGORYFORM.DOC - 10/17/02)
Page 9 (stamped 2 of 2)
SIS 44 (Rev. 11/04) CIVIL COVER SHEET
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference o: the United States in September 1974, is required for the use of the Fy of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) i Ee
phy pe,
ttt —
I. (a) PLAINTIFFS DEFENDANTS PPOLLRAS OFFICE
Todd J. Bennett Progressive Asset Monee Services, Inc. and
Los Angeles County De efQyagor Ph Bower
(b) County of Residence of First Listed Plaintiff Middlesex County of Residence of First Listed Defendant ‘ (EXCEPT IN US. PLAINTIFF CASES) UN uf, PLAINTIFF CASES ONLY) NOTE: INLAND CONDE BASEN OSE TREO RATION OF THE LAND INVOLVBU. CT OF TOF MASS,
(c) Attorney’s (Firm Name, Address, and Telephone Number) Attomeys (If Known)
Brian T. Corrigan, Esq. Steven 5S. Broadley, BBO #542305
Corrigan Bennett & Belfort PC, 404 Main Street, Suite 1 | Posternak Blankstein & Lund LLP, 800 Boylston Street,
Wile agin MA-OLS82 Bocton. MA 07199 617-973-6136 II. BASIS OF URISDICTION = (Place an‘“X” in One Box Only) lit. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only) and One Box for Defendant) a1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 01 (1 Incorporated or Principal Place O4 4 of Business In This State 2 US. Government O04 Diversity Citizen of Another State {12 2 _Incosporated and Principal Place os O84 Defendant of Business In Another State
(Indicate Citizenship of Parties in Item II}
Citizen or Subject of a 93 © 3 Foreign Nation O« O86 Foreign Country
TV. NATURE OF SUIT
Place an “X” in One B.
en ie Ee ee EE i C7 110 Insurance PERSONAL INJURY PERSONAL INJURY |( 610 Agriculture [1 400 State Reapportionment CG 120 Marine 1 310 Airplane C) 362 Personal Injury - (7 620 Other Food & Drug 1) 423 Withdrawal [1 410 Antitrust 0 130 Miller Act O) 315 Airplane Product Med. Malpractice C1 625 Drug Related Seizure 28 USC 157 0 430 Banks and Banking 0} 140 Negotiable Instrument Liability C1 365 Personal Injury - of Property 21 USC 881 0 430 Commerce (17 150 Recovery of Overpayment ]1 320 Assault, Libel & Product Liability C1 630 Liquor Laws Bae eg) 460 Deportation & Enforcement of Judgment Slander Ci 368 Asbestos Personal =|) 640R.R. & Truck 17 820 Copyrights (470 Racketeer Influenced and C1 151 Medicare Act C1 330 Federal Employers’ Injury Product 650 Airline Regs. (3 830 Patent Corrupt Organizations (1 152 Recovery of Defaulted Liability Liability (J 660 Occupational CO 840 Trademark 480 Consumer Credit Student Loans 1 340 Marine PERSONAL PROPERTY Safety/Health © 490 Cable/Sat TV (Excl. Veterans) CO) 345 Marine Product 1 370 Other Fraud 1 690 Other (810 Selective Service
(1) 153 Recovery of Overpayment Liability Oh 371 Truth in Lending : 10) 850 Securities/Commodities/ of Veteran’s Benefits (} 350 Motor Vehicle 0 380 Other Personal Oo CO) 861 HIA (139598) Exchange 11 160 Stockholders’ Suits O 355 Motor Vehicle Property Damage Act CO 862 Black Lung (923) (1 875 Customer Challenge (1 190 Other Contract Product Liability 1 385 Property Damage C1 720 Labor/Mgmt. Relations | 1) 863 DIWC/DIWW (405(g)) 12 USC 3410 C7 195 Contract Product Liability |C} 360 Other Personal Product Liability (730 Labor/Mgmt Reporting }( 864 SSID Title XVI C1 890 Other Statutory Actions a i Inj & Disclosure Act (7 865 RSI (405(p CO 891 Agricultural Acts Ee ef fms |C) 740 Railway Labor Act eq 1 892 Economic Stabilization Act CO 210 Land Condemnation 1 441 Voting 510 Motions to Vacate |C) 790 Other Labor Litigation 1) 870 Taxes (U.S. Plaintiff ©) 893 Environmental Matters 07 220 Foreclosure C442 Employment Sentence O 791 Empl. Ret. Inc. or Defendant) 1 894 Energy Allocation Act CJ 230 Rent Lease & Ejectment |( 443 Housing/ Habeas Corpus: Security Act C1 871 IRS—Third Party C1 895 Freedom of Information (1 240 Torts to Land Accommodations CO) 530 General 26 USC 7609 Act (3 245 Tort Product Liability O) 444 Welfare (1 535 Death Penalty 1 900Appeal of Fee Determination ( 290 All Other Real Property Cl 445 Amer. w/Disabilities - |) 540 Mandamus & Other Under Equal Access Employment O 550 Civil Rights to Justice C) 446 Amer, w/Disabilities - | 555 Prison Condition 11 950 Constitutionality of Other State Statutes
(1) 440 Other Civil Rights
V. ORIGIN lace an “X” in One Box Only) Appeal to District 1 . 2 3 4 >. os Transferred from >] ¢ oo 7 Tudge from Original Removed from Remanded from Reinstated or another district Multidistrict Magistrate Proceeding State Court Appellate Court Reopened (specify) Litigation Judgment
Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): VI. CAUSE OF ACTION 15 USC Sec. 1681, 15 USC, Sec.1602
Brief description of cause:
Plaintiff claims violations of credit reporting and debt collection statutes.
VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMAND § CHECK YES only if demanded in complaint: COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: fi Yes ONo VIII. RELATED CASE(S) gs. ceuctions IF ANY NONE (See instructions): TENGE ~ DOCKET NUMBER ee
é 4 3 OF AT ca bp Z )
RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE
a
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