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SMITH v. ROCKETT

No. 06-6331.

522 F.3d 1080 (2008)

Shauna E. SMITH, Plaintiff-Appellant, v. David ROCKETT; Lindsey Willis-Andrews; Clark & Rockett PC; Rock Pile LLC; Allied Physicians Group Inc.; Brent D. Siemens; Brent D. Siemens Inc; Jerry J. Dunlap, II, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 11, 2008.

Attorney(s) appearing for the Case

Nancy A. Zerr (Garvin A. Isaacs with her on the briefs), Garvin A. Isaacs, Inc., Oklahoma City, OK, for Plaintiff-Appellant Shauna E. Smith.

Joseph B. Miner, Little, Miner & Petersen, Oklahoma City, OK, for Defendants-Appellees David Rockett, Lindsey Willis-Andrews, Clark & Rockett, P.C., and Rock Pile, L.L.C., and James A. Slayton, Oklahoma City, OK, for Defendants-Appellees Allied Physicians Group, Inc., Brent D. Siemens, Inc., and Brent D. Siemens, and Jerry J. Dunlap, II, Oklahoma City, OK, for Defendant-Appellee Jerry J. Dunlap, II.

Before O'BRIEN, McKAY, and HOLMES, Circuit Judges.

McKAY, Circuit Judge.

Plaintiff Shauna Smith filed a civil complaint in the district court alleging a violation of the Fair Debt Collections Practices Act, 15 U.S.C. §§ 1692-1692p, and various state law claims against Defendants. The district court held that Plaintiff lacked standing to file this case because her Chapter 13 bankruptcy case was still pending at the time of filing. Plaintiff appeals the dismissal of her complaint for lack of standing.

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