Case Details

CourtNorthern District of Ohio
Docket number3:10-cv-00091
Date case filed2010-01-15
Date case closed2010-10-06
Date of latest filing
Assigned toJudge David A. Katz
Case cause28:1332 Diversity-Petition for Removal
Nature of suit190 Contract: Other
Jury demandPlaintiff
Demand
JurisdictionDiversity

Case Parties

Party: Hope Franklin
Party type: Plaintiff
Attorney name: Dennis E. Murray , Sr.
Attorney Contact:
Murray & Murray
111 East Shoreline Drive
Sandusky, OH 44870
419-624-3000
Fax: 419-624-0707
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Donna Jean A. Evans
Attorney Contact:
Murray & Murray
111 East Shoreline Drive
Sandusky, OH 44870-2517
419-624-3000
Fax: 419-624-0707
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Thomas Hyder
Party type: Plaintiff
Attorney name: Dennis E. Murray , Sr.
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Donna Jean A. Evans
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Midland Funding, LLC
Party type: Defendant
Attorney name: Theodore W. Seitz
Attorney Contact:
Dykema Gossett
Ste. 900
201 Townsend Street
Lansing, MI 48933
517-374-9100
Fax: 517-374-9191
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul A. Wilhelm
Attorney Contact:
Dykema Gossett - Detroit
35th Floor
400 Renaissance Center
Detroit, MI 48243
313-568-6966
Fax: 313-568-6691
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Midland Credit Management, Inc.
Party type: Defendant
Attorney name: Theodore W. Seitz
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul A. Wilhelm
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Encore Capital Group, Inc.
Party type: Defendant
Attorney name: Theodore W. Seitz
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Paul A. Wilhelm
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: Richard B McQuade
Party type: Special Master

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12010-01-15 Notice of Removal from Court of Common Pleas, Erie County, case number 2009-cv-1042 with jury demand. Filing fee $ 350, receipt number 0647-3916933. Filed by Midland Funding, LLC, Encore Capital Group, Inc., Midland Credit Management, Inc.. (Attachments: # 1 Exhibit 1 - Summons and Complaint, # 2 Civil Cover Sheet, # 3 Exhibit Erie County Notice of Filing Removal) (Seitz, Theodore) (Entered: 01/15/2010)
22010-01-19 Magistrate Consent Form issued. (M,L) (Entered: 01/19/2010)
32010-01-22 Motion to dismiss Plaintiffs' Complaint filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. (Attachments: # 1 Brief in Support, # 2 Exhibit A - Downey v. Reich Installation, # 3 Exhibit B - Agreement/Arbitration Rider, # 4 Exhibit C - Hawkins v. O'Brien, # 5 Exhibit D - Letter dated 1/21/2010 re arbitration, # 6 Exhibit E - Johnson v. JB Hunt, # 7 Exhibit F - Rumpz v. American Drilling, # 8 Exhibit G - Simpson v. The Prudential Ins. Co.)(Seitz, Theodore) (Entered: 01/22/2010)
42010-02-09 Order of Pretrial Conference held on 2/8/2010. On notice from the parties that this case is related to Midland Funding, LLC v. Brent, No.3:08CV1434, ordered that this case be assigned to the Hon. David A. Katz for further proceedings Time:.20. Judge James G. Carr on 2/9/2010. (S,AL) (Entered: 02/09/2010)
52010-02-24 Unopposed Motion for extension of Response to Defendants' Motion to Dismiss Plaintiffs' Complaint and Defendants' Reply briefs until March 10, 2010 filed by Hope Franklin, Thomas Hyder. (Murray, Dennis) (Entered: 02/24/2010)
62010-02-25 Marginal Entry Order granting 5 Motion to Extend time to respond to motion to dismiss to 3/10/10; reply to be filed by 3/24/10. Judge David A. Katz on 2/25/2010.(R,Ci) (Entered: 02/25/2010)
72010-03-09 Response to 3 Motion to dismiss Plaintiffs' Complaint filed by All Plaintiffs. (Attachments: # 1 Simmons v. American Airlines, # 2 Streamlined Arbitration Rules & Procedures, # 3 National Arbitration Forum Fee Schedule, # 4 Consumer Arbitration Costs, # 5 National Mulch & Seed, Inc. v. Rexius Forest By-Products, Inc., # 6 The ATM Exchange, Inc. v. VISA International Service Assoc.)(Murray, Dennis) (Entered: 03/09/2010)
82010-03-22 Unopposed Motion for extension of time until April 7, 2010 to to file Reply in Support of Motion to Dismiss filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. Related document(s) 7 , 3 . (Seitz, Theodore) (Entered: 03/22/2010)
92010-03-24 Marginal Entry Order granting 8 Motion for Extension of Time to file reply in support of motion to dismiss to 4/7/10. Judge David A. Katz on 3/24/2010.(R,Ci) (Entered: 03/24/2010)
102010-04-07 Reply to response to 3 Motion to dismiss Plaintiffs' Complaint filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. (Attachments: # 1 Exhibit 1 - Aurora Loan Services, LLC v. Cart, # 2 Exhibit 2 -Freedom Mortgage Corporation v. Groom, # 3 Exhibit 3 - Assignment and Bill of Sale, # 4 Exhibit 4 - Franklin/Hyder Complaint and proposed Third Amended Counterclaim in Brent, # 5 Exhibit 5 - Memorandum Opinion and Order in Brent, # 6 Exhibit 6 - National Mulch and Seed v. Rexius Forest By-Products, # 7 Exhibit 7 - Schnall v. At&T, # 8 Exhibit 8 - Boroff v. Alza Corp.)(Seitz, Theodore) (Entered: 04/07/2010)
10.1 Exhibit 1 - Aurora Loan Services, LLC v. Cart
10.2 Exhibit 2 -Freedom Mortgage Corporation v. Groom
10.3 Exhibit 3 - Assignment and Bill of Sale
10.4 Exhibit 4 - Franklin/Hyder Complaint and proposed Third Amended Counterclaim in
10.5 Exhibit 5 - Memorandum Opinion and Order in Brent
10.6 Exhibit 6 - National Mulch and Seed v. Rexius Forest By-Products
10.7 Exhibit 7 - Schnall v. At&T
10.8 Exhibit 8 - Boroff v. Alza Corp.
112010-06-18 ORDER Telephone Conference held on 6/18/10. Status report due within 7 days of mediation set for 6/29/10. Judge David A. Katz on 6/18/10. (G,C) (Entered: 06/18/2010)
122010-07-02 Status Report of Mediation filed by Hope Franklin, Thomas Hyder. Related document(s) 11 .(Murray, Dennis) (Entered: 07/02/2010)
132010-08-16 Order parties shall file status report on or before 9/20/2010. Judge David A. Katz on 8/16/10. (G,C) (Entered: 08/16/2010)
142010-09-10 Status Report of Mediation filed by Hope Franklin. Related document(s) 13 .(Murray, Dennis) (Entered: 09/10/2010)
152010-09-13 ORDER Telephone Conference held on 9/13/10. Defendants to file status report by 9/30/2010. Judge David A. Katz on 9/13/10. (G,C) (Entered: 09/13/2010)
162010-09-30 Status Report filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. (Attachments: # 1 Exhibit 1 - Documents provided to Plaintiffs' counsel, # 2 Exhibit 2 - 9/30/10 E-Mail from Donna Evans)Related document(s) 15 .(Seitz, Theodore) (Entered: 09/30/2010)
172010-10-04 Proposed Stipulated Protective Order filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. (Seitz, Theodore) Modified on 10/6/2010 (G,Di). (Entered: 10/04/2010)
182010-10-06 MEMORANDUM OPINION granting Motion to dismiss (Related Doc # 3 ). Judge David A. Katz on 10/6/10.(G,C) (Entered: 10/06/2010)
192010-10-06 JUDGMENT ENTRY Defendants' motion to dismiss granted. 3 Case closed. Judge David A. Katz on 10/6/10. (G,C) (Entered: 10/06/2010)
202010-10-06 Stipulated Protective Order. Judge David A. Katz on 10/6/10. (R,Ci) (Entered: 10/06/2010)
212010-10-22 NOTICE OF APPEAL to the 6th Circuit Court of Appeals from the 18 Memorandum Opinion and 19 Judgment Entry, filed by Hope Franklin. (Filing fee of $455 paid, receipt number 0647-4362550) (Murray, Dennis). Modified text on 10/26/2010 (H,SP). (Entered: 10/22/2010)
222010-11-01 Transcript Request by Hope Franklin re 21 Notice of Appeal,. Transcript is unnecessary, there were no hearings. (Murray, Dennis) (Entered: 11/01/2010)
232010-11-02 Acknowledgment from the USCA for Sixth Circuit of receipt of 21 Notice of Appeal (USCA# 10-4363). Date filed in USCA 11/1/10. (H,SP) (Entered: 11/02/2010)
242011-03-11 Order granting preliminary injunction against parallel litigation. Judge David A. Katz on 3/11/11. (G,C) (Entered: 03/11/2011)
252011-03-11 Order granting preliminary approval of Class Settlement Agreement (Related Doc # 107 ). Fairness hearing set for 7/11/2011 at 10:30 am. Judge David A. Katz on 3/11/11. (G,C) Modified on 3/15/2011 (B,TM). (Entered: 03/11/2011)
262011-05-03 Joint Motion for relief Under Fed. R. Civ. P. 60(b) and 62.1 filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC, Hope Franklin, Thomas Hyder. (Attachments: # 1 Proposed Order)(Murray, Dennis) Modified text on 5/4/2011 (M,L). (Entered: 05/03/2011)
272011-05-03 Order granting Motion pursuant to Fed. R. Civ. P. 60(b) and 62.1 as stated herein(Related Doc # 26 ). Judge David A. Katz on 5/3/2011.(R,Ci) (Entered: 05/03/2011)
282011-05-17 Memorandum Opinion and Order issued in 3:08cv1434 filed in this case as the same settlement agreement applies. Judge David A. Katz on 5/17/11. (G,C) Modified on 5/18/2011 (R,Ci). (Entered: 05/17/2011)
292011-05-27 Order joint motion pursuant to Fed. R. Civ. P. 60(b) to preliminarily approve Class Settlement Agreement, to authorize class notice, for an order enjoining parallel litigation, and to schedule Fairness Hearing on class settlement granted. 26 Parties to directed to notify Sixth Circuit Court of Appeals. Judge David A. Katz on 5/27/11. (G,C) (Entered: 05/27/2011)
302011-05-27 Response to Consumer Litigation Associates' Dislcosure of Solicitations; Request for Curative Class Counsel filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. Related document(s) 28 . (Attachments: # 1 Exhibit A - Proposed Curative Class Notice) (Seitz, Theodore) (Entered: 05/27/2011)
312011-05-31 Appeal Order from USCA for the Sixth Circuit: Granting the motion to remand re 21 Notice of Appeal. The appeal is remanded to the District Court for further proceedings (USCA# 10-4363). Date issued by USCA 5/27/11 (H,SP) (Entered: 05/31/2011)
322011-06-07 Supplement Response to Consumer Litigation Associates' Disclosure of Solicitations and Request for Curative Class Notice to 30 Response, filed by Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding, LLC. Related document(s) 30 . (Attachments: # 1 Exhibit 1 - Tucker Form, # 2 Exhibit 2 - Halliday Form)(Seitz, Theodore) (Entered: 06/07/2011)
332011-08-12 MEMORANDUM OPINION AND ORDER case dismissed with prejudice pursuant to settlement agreement. Judge David A. Katz on 8/12/11. (G,C) (Entered: 08/12/2011)
342011-10-06 Order appointing Hon. Richard McQuade Special Master. Judge David A. Katz on 10/6/11. (G,C) (Entered: 10/06/2011)