COURT OF APPEALS FOR THE SEVENTH CIRCUIT
Hamilton
Jack Cooper – Appellant
Versus
Retrieval Masters Creditors – Respondent
United States Court of Appeals For the Seventh Circuit ____________________ No. 18‐2983 JACK W. COOPER, Plaintiff, v. RETRIEVAL‐MASTERS CREDITORS BUREAU, INC., Defendant‐Appellee, APPEAL OF: CELETHA C. CHATMAN, MICHAEL J. WOOD, and COMMUNITY LAWYERS GROUP, LTD., Appellants. ____________________
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:17‐cv‐00773 — Manish S. Shah, Judge. ____________________
ARGUED JANUARY 19, 2022 — DECIDED JULY 29, 2022 ____________________
Before WOOD, HAMILTON, and JACKSON‐AKIWUMI, Circuit
Judges.
HAMILTON, Circuit Judge. This appeal challenges sanctions
imposed under Federal Rule of Civil Procedure 11 and 28
2 No. 18‐2983 U.S.C. § 1927. It is related to our decision today in No. 18‐2358,
an appeal in a separate civil action between the same parties,
Cooper v. Retrieval‐Masters Creditors Bureau, Inc. (Cooper I). In
Cooper I, plaintiff Jack Cooper sued defendant Retrieval‐Mas‐
ters Creditors Bureau (RMCB) for violations of the Fair Debt
Collection Practices Act, 15 U.S.C. § 1692 et seq. While that
case was pending, Cooper filed this separate lawsuit against
RMCB asserting an additional violation of the FDCPA arising
from the same debt that was the subject of Cooper I.
The district court dismissed this Cooper II case with preju‐
dice on the theory that the new claims were improperly split
from Cooper I. Cooper v. Retrieval‐Masters Creditors Bureau, Inc.,
No. 17‐cv‐773, 2017 WL 11350966 (N.D. Ill. Oct. 10, 2017). Pur‐
suant to Rule 11 and 28 U.S.C. § 1927, the district court also
sanctioned Cooper’s counsel, Celetha Chatman and Michael
Wood, and their firm, the Community Lawyers Group, Ltd.,
for filing a misleading complaint and engaging in a pattern of
improper litigation practices. Cooper v. Retrieval‐Masters Cred‐
itors Bureau, Inc., No. 17‐cv‐773, 2018 WL 8898621 (N.D. Ill.
Aug. 14, 2018). Cooper’s counsel have appealed the district
court’s sanctions order. We reverse.
I. Facts and Procedural Background
A. The Case on the Merits
In March 2016, plaintiff Jack Cooper sued RMCB after he
received a letter from RMCB in February 2016 seeking to col‐
lect a consumer debt. Cooper alleged that the letter violated
the FDCPA by falsely threatening to report his debt to credit
bureaus. See 15 U.S.C. § 1692e(5) & (10). While that matter
was pending, Cooper filed this separate action against RMCB
in January 2017 claiming additional violations of the FDCPA
No. 18‐2983 3 arising from the same debt. The complaint in Cooper II alleged
that, after Cooper I was filed and while it was pending, RMCB
had misrepresented the amount of his debt and attempted to
collect a fee that was not authorized by law or any agreement
in violation of § 1692e(2)(a) & (10) and § 1692f(1). Cooper’s
complaint asserted that he visited RMCB’s website in Decem‐
ber 2016 and that the website included a notice that individu‐
als who made payments by credit card or online had to pay a
$4.95 “convenience fee.”
RMCB moved to dismiss the Cooper II complaint, arguing
both that it was improper claim splitting and that Cooper
lacked standing to sue. The court granted RMCB’s motion,
reasoning that Cooper had improperly split his claims against
RMCB over its misleading debt collection activities and there
was “no good reason” to allow Cooper to continue with the
second suit arising from the same dispute in Cooper I. Cooper
II, 2017 WL 11350966, at *2. As a result, the court entered a
judgment dismissing the action with prejudice. Cooper did
not appeal that judgmen
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