Judge Rudofsky granted summary judgment to debt buyer Portfolio Recovery Associates and denied leave to amend to change Doe 1 to PRA Group, Inc. (traded as “PRAA”).

Summary judgment is an extreme measure and should only be granted if the non-moving party raises no genuine dispute of material fact, with all positive inferences taken for the non-moving party.

Judge Rudofsky misstated and misinterpreted evidence by the non-moving party. He also flat out ignored it.

The non-moving party filed a “verified complaint” under penalty of perjury. This should be given the same weight as an affidavit. Yet Judge Rudofsky ignored it completely.

Here, as FREE Doc of the Day, is the verified complaint Judge Rudofsky did not mention. The appellate brief follows.

This case was fought pro se. If there is an attorney who thinks the billion dollar per year revenue debt collector should pay more than $5,000 for every time it gets caught making harassing, intrusive phone calls, please contact Laura Hammett at bohemian_books@yahoo.com.