Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hill v. Burgeon Legal Group, Ltd. Co

United States District Court, D. New Jersey

January 10, 2020

EDWARD J. HILL and MAXINE HILL, Plaintiff,
v.
BURGEON LEGAL GROUP, LTD. CO., et al., Defendants.

          RHONDA HILL WILSON LAW OFFICE OF RHONDA HILL WILSON, P.C. On behalf of Plaintiffs

          CHRISTIAN M. SCHEUERMAN MARKS, O'NEILL, O'BRIEN, DOHERTY & KELLY, PC CHERRY TREE CORPORATE CENTER On behalf of Defendant Burgeon Legal Group, Ltd. Co. and Ivana Grujic, Esq.

          KYLE L. WU MICHAEL R. MILLER MARGOLIS EDELSTEIN THE CURTIS CENTER, On behalf of Defendant Timothy K. McHugh, Esq.

          CASEY R. LANGEL JAMES BUCCI GENOVA BURNS LLC On behalf of Defendants Genesis Healthcare Corporation And 1420 South Black Horse Pike Operations, LLC dba Meadowview Nursing and Respiratory Care

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

         Plaintiff Edward J. Hill is the son of Plaintiff Maxine Hill. Maxine Hill resides at Defendant 1420 South Black Horse Pike Operations, LLC dba Meadowview Nursing and Respiratory Care (“Meadowview”), which is a residential skilled nursing home and long-term care provider. Maxine Hill is quadriplegic and ventilator-dependent, allegedly caused from complications from surgery performed on April 18, 2018, and she has resided at Meadowview since July 8, 2018. Edward Hill holds power-of-attorney for his mother, who remains mentally competent.[1]

         On May 22, 2019, Plaintiffs filed a complaint against Defendants (1) Meadowview, (2) counsel for Meadowview, Ivana Grujic, who filed a verified complaint for conservatorship for Maxine Hill in New Jersey state court, (3) the court-appointed attorney for Maxine Hill with regard to a verified complaint for conservatorship, Timothy K. McHugh, (4) the owner/operator of Meadowview, Genesis Healthcare Corporation, and (5) Burgeon Legal Group, Ltd. Co., the law firm with which Grujic is affiliated. All of Plaintiffs' claims arise out of a purported debt owed by Plaintiffs.

         Plaintiffs claim that Defendants Grujic and Meadowview violated the Fair Credit Reporting Act (“FCRA”), 15 U.S.C. § 1681, et seq. (Count I). Plaintiffs claim that Defendants Burgeon, Grujic, McHugh, Genesis, and Meadowbrook violated the Fair Debt Collections Practices Act (“FDCPA”), 15 U.S.C. § 1692 et seq. (Count II). Plaintiffs claim that Defendants Burgeon, Grujic, McHugh, Genesis, and Meadowbrook violated the Federal Trade Commission Act (“FTC”), 15 U.S.C. § 45, et seq.

         All Defendants have moved to dismiss Plaintiffs' claims against them. Plaintiffs have filed oppositions to Defendants' motions, although they do not contest certain arguments presented by some of the Defendants, as noted below.

         DISCUSSION

         A. Subject Matter Jurisdiction

         This Court has federal question jurisdiction over Plaintiffs' claims under 28 U.S.C. § 1331.

         B. Standard for Motion to Dismiss

         Under Rule 8(a), a pleading is sufficient if it contains “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). Even though Rule 8(a) does not require that a complaint contain detailed factual allegations, “a plaintiff's obligation to provide the grounds of his entitlement to relief requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The complaint's factual allegations must be sufficient to raise a plaintiff's right to relief above a speculative level, so that a claim is “plausible on its face, ” and that facial-plausibility standard is met “when the plaintiff pleads ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.