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Thomas v. Law Offices of Steven Cohen LLC

Debt Collector's Bid to Stay Discovery Denied; Debt Was Personal; Plaintiff Prejudiced

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DECISION and ORDER INTRODUCTION   Pedersen, M.J. Debt collection practices are not known for being careful. Sometimes a middle initial is dropped or entered incorrectly. Or a social security number is off by one digit. These are somewhat understandable mistakes. This case starts the same way. But then it takes an unfortunate turn. Plaintiff Theresa Thomas learned that the Law Offices of Steven Cohen was pursuing her for a debt. She alerted Cohen and his firm1 that she is not the correct Theresa Thomas. Yet Cohen proceeded to garnish her wages. Thomas filed this lawsuit. Because she is not the correct Theresa Thomas, however, adequately pleading her complaint is tricky. Thomas lacks details about the debt involved here because she does not owe it. One of the elements of the FDCPA claim Thomas wants to bring requires her to show that the debt involved here is personal, meaning it is for something like a personal credit card and not a business credit card. Recognizing this, Cohen moved to dismiss under Rule 12(b)(6) because he believes Thomas cannot obtain relief. Cohen has also moved to stay discovery. That is the motion pending before me. Cohen argues that Thomas is not entitled to discovery until the Hon. Elizabeth A. Wolford, Chief Judge, decides his pending motion to dismiss the amended complaint. Cohen believes he may obtain a stay because the motion to dismiss is meritorious, discovery may prejudice him, and because the motion would decide Thomas’ entire case. I disagree. For the following reasons, I DENY Cohen’s motion to stay discovery and issue a scheduling order under Rule 16. BACKGROUND Thomas sues Cohen under the FDCPA because she is the wrong Thomas. Plaintiff Theresa Thomas — an individual — sued Cohen and his law office under the FDCPA. (Am. Compl.

1-2, 9, ECF No. 9, Oct. 30, 2023.) Thomas alleges that Cohen is a debt collector. (Id.

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