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Levy v. Law Offices of J. Henry Nierman

Legal Fees Necessitated by Subpoena Constitute Concrete Monetary Harm for Standing

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OPINION & ORDER Shaul Levy (“Plaintiff”) brings this action against the Law Offices of J. Henry Nierman (“LOHN”), J. Henry Nierman, and Recovery of Judgment LLC (“ROJ”) (collectively, “Defendants”), alleging violations of the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et seq. (“FDCPA”). (See ECF No. 1 (“Compl.”).) Presently before the Court is the Defendants’ motion (the “Motion”) to dismiss Plaintiff’s FDCPA claim for lack of standing pursuant to Federal Rule of Civil Procedure 12(b)(1). (ECF No. 140.) For the following reasons, Defendants’ Motion is DENIED. BACKGROUND I. Factual Background Plaintiff is an individual residing in Miami Beach, Florida. (Pl.’s 56.1 1.) Defendant J. Henry Nierman (“Nierman”) is a solo practitioner at LOHN. Nierman was a co-founder and employee of ROJ. (ECF No. 84-2 (“Nierman Decl.”) 14.) In or around 2015, Nierman became the 100 percent owner of ROJ. (Id; Def’s Opp. to Pl.’s 56.1

7, 9.) Through ROJ, Nierman practiced judgment execution, and many of the judgments brought to ROJ for execution were ultimately assigned to ROJ. (Nierman Decl.

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