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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTICT OF OHIO

 

 

Alyssa Portnoy, et al,

 PLAINTIFFS,

Vs. 

National Credit Systems, Inc. et al.

 DEFENDANTS.

Case No. 1:17-CV-00834-MRB

JUDGE MICHAEL R. BARRETT

PLAINTIFFS’ MOTION WITH 

SUPPORTING MEMORANDUM FOR A 

DISCOVERY PRETRIAL CONFERENCE, 

FOR SANCTIONS AND CLASS ACTION 

CERTIFICATION

Michael D. Portnoy (0040213)

7024 Cloister Rd.

Toledo, Ohio 43617

PH: (419) 874-2775

FX: (419) 874-2777

e-mail:hawkport@aol.com

Attorney for Plaintiffs

****************************************************************************************************

 Plaintiffs, through counsel, hereby move this Court to for an order to conduct a 

telephonic pretrial conference regarding pending discovery matters. Plaintiffs seek 

sanctions against NCS and its counsel for making misrepresentations of material facts 

concerning the number of insufficient fee notices that were provided to NCS by 

Williamsburg for debt collection. Finally, Plaintiffs seek class action certification. A 

supporting memorandum is attached.

 

 Respectfully submitted,

s/ Michael D. Portnoy

 Attorney for Plaintiffs
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 MEMORANDUM IN SUPPORT

 For months, NCS’ lawyers have told the Court and counsel that NCS attempted to 

collect money from only nine (9) former relevant Williamsburg tenants for not complying 

with the illegal sixty (60) days notice of intent to move per the relevant leases.

 NCS, through its counsel, continued to sandbag this Court by claiming neither the 

Court nor counsel requested relevant information from Williamsburg concerning the 

insufficient notice of intent to move fees that was provided to NCS for collection. 

 As a result, this Court issued an order that NCS was to provide to the undersigned

all relevant Williamsburg account information that was sent to NCS for debt collection, 

via electronically, including information for the alleged insufficient notice of intent to 

move notices. This was provided to the undersigned.

 After carefully reviewing the account information, the material misrepresentations 

regarding the “nine (9)” letters sent to the relevant Williamsburg tenants from NCS were 

revealed: There are at least 121 tenants who Williamsburg had NCS sought to 

collect money for alleged violations of the illegal 60 day insufficient intent to 

move notice.

 NCS and its counsel have been well aware of this fact and falsely expressed to 

this Court and counsel only nine (9) relevant tenants were subject to debt collection for 

allegedly violating the illegal sixty (60) day intent to move notice. Countless hours have 

been spent via telephonic pretrial conferences, letters, emails and pleadings to obtain 

this easily available and accessible information that contradicts NCS’ counsels’ 

deliberate misrepresentations. 

 Rather than providing this information, NCS’ counsel provided very limited 

information to the undersigned, obviously hoping their ruse would work that NCS 
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attempted to collect money for the illegal notices from only nine (9) former relevant 

tenants. This is false and these lawyers are subject to violations of the Ohio Code of 

Professional Conduct.

 CLASS ACTION CERTIFICATION

 Because Plaintiffs have satisfied the numerosity requirement per Federal Civil 

Rule 23, their request for class action certification, including expanding the purported 

class to all relevant Ohio tenants who can pursue their FDCPA claims against NCS and 

RREO, should be granted.

 SANCTIONS

 Due to the illegal and unethical behavior of NCS and its numerous attorneys 

regarding this critical evidence, Plaintiffs respectfully request this court grants all 

appropriate sanctions against these entities.

 

 Respectfully submitted,

 s/ Michael D. Portnoy

 Attorney for Plaintiffs 

 CERTIFICATE OF SERVICE

 

 A copy of this pleading was sent to all counsel of record.

 s/ Michael D. Portnoy