This case was last updated from PACER on 10/22/2018 at 07:52:45 (UTC).

WARNER v. MIDLAND FUNDING, LLC et al

Case Summary

On 08/23/2018 WARNER filed an Other lawsuit against MIDLAND FUNDING, LLC. This case was filed in U.S. District Courts, North Carolina Middle District. The Judges overseeing this case are LORETTA C. BIGGS and L. PATRICK AULD. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:18-CV-00727

  • Filing Date:

    08/23/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

Judge Details

Presiding Judge

LORETTA C. BIGGS

Referral Judge

L. PATRICK AULD

 

Party Details

Plaintiff

CURTIS WARNER

Defendants

MIDLAND FUNDING, LLC

SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP

MIDLAND CREDIT MANAGEMENT, INC.

Attorney/Law Firm Details

Plaintiff Attorney

JONATHAN R. MILLER

Attorney at SALEM COMMUNITY LAW OFFICE

301 N. Main St., Suite 2415

Winston-Salem, NC 27101

Defendant Attorneys

DANIELLE KARA GRECO

Attorney at TROUTMAN SANDERS, LLP

305 Church At North Hills Street, Suite 1200

Raleigh, NC 27609

CAREN D. ENLOE

Attorney at SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP

4601 Six Forks Rd., Ste. 400

Raleigh, NC 27609

 

Court Documents

#16

#8

#7

#6

5 #1

CONSENT FORM

#5

4 #2

SMITH

4 #1

MCM

#4

#3

2 #9

Exhibit A to Miller Decl. - Midland website FAQs page

2 #8

Declaration of Attorney Jonathan R. Miller in Support

2 #7

Exhibit E to Warner Decl. - Midland Welcome Letter

2 #6

Exhibit D to Warner Decl. - Comenity Notice of Assignment

2 #3

Exhibit A to Warner Decl. - Midland Pre-Legal Notice

2 #2

Declaration of Plaintiff Curtis Warner in Support

2 #1

Memorandum of Law in Support

#2

32 More Documents Available

 

Docket Entries

  • 10/18/2018
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  • TEXT ORDER granting #16 Joint Second Motion for Extension of Time. Defendants shall answer or otherwise respond to #1 Complaint and shall file any response to #2 Motion for Class Certification and Preliminary Injunction by 11/26/2018. Issued by MAG/JUDGE L. PATRICK AULD on 10/18/18. (AULD, L.) (Entered: 10/18/2018)

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  • 10/18/2018
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  • Motion Referred: RE: #16 Joint MOTION for Extension of Time to File Answer and Respond to to Motion for Class Certification, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 10/18/2018)

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  • 10/17/2018
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  • (#16) Joint MOTION for Extension of Time to File Answer and Respond to to Motion for Class Certification by MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC, SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP. (Attachments: #1 Proposed Order)(ENLOE, CAREN) (Entered: 10/17/2018)

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  • 09/28/2018
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  • TEXT ORDER granting #13 Motion for Extension of Time. Defendants MIDLAND CREDIT MANAGEMENT, INC. and MIDLAND FUNDING, LLC shall answer or otherwise respond to #1 Complaint and shall respond to #2 Motion to Certify Class and for Preliminary Injunction by 10/26/2018. Issued by MAG/JUDGE L. PATRICK AULD on 09/28/2018. (AULD, L.) (Entered: 09/28/2018)

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  • 09/27/2018
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  • Motion Referred: RE: #13 MOTION for Extension of Time to File Answer, to MAG/JUDGE L. PATRICK AULD. (Blay, Debbie) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#15) Corporate Disclosure Statement by MIDLAND CREDIT MANAGEMENT, INC. identifying Corporate Parent ENCORE CAPITAL GROUP, INC. for MIDLAND CREDIT MANAGEMENT, INC... (GRECO, DANIELLE) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#14) Corporate Disclosure Statement by MIDLAND FUNDING, LLC identifying Corporate Parent ENCORE CAPITAL GROUP, INC. for MIDLAND FUNDING, LLC.. (GRECO, DANIELLE) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#13) MOTION for Extension of Time to File Answer re #1 Complaint,, #2 MOTION to Certify Class under Fed. R. Civ. P. 23(b)(2) and Motion for Preliminary Injunction by MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC. (GRECO, DANIELLE) (Entered: 09/27/2018)

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  • 09/27/2018
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  • (#12) NOTICE of Appearance by attorney DANIELLE KARA GRECO on behalf of Defendants MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC (GRECO, DANIELLE) (Entered: 09/27/2018)

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  • 09/14/2018
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  • TEXT ORDER granting #11 Motion for Extension of Time. Defendant Smith Debnam Narron Drake Saintsing and Myers, LLP shall file any response to #2 Motion to Certify Class and for Preliminary Injunction by 10/26/2018. Issued by MAG/JUDGE L. PATRICK AULD on 09/14/2018. (AULD, L.) (Entered: 09/14/2018)

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4 More Docket Entries
  • 09/13/2018
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  • (#9) NOTICE of Appearance by attorney CAREN D. ENLOE on behalf of Defendant SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP (ENLOE, CAREN) (Entered: 09/13/2018)

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  • 09/11/2018
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  • (#8) SUMMONS Returned Executed by CURTIS WARNER as to SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP served on 9/6/2018, answer due 9/27/2018. (MILLER, JONATHAN) (Entered: 09/11/2018)

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  • 09/11/2018
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  • (#7) SUMMONS Returned Executed by CURTIS WARNER as to MIDLAND CREDIT MANAGEMENT, INC. served on 9/6/2018, answer due 9/27/2018. (MILLER, JONATHAN) (Entered: 09/11/2018)

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  • 09/11/2018
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  • (#6) SUMMONS Returned Executed by CURTIS WARNER as to MIDLAND FUNDING, LLC served on 9/6/2018, answer due 9/27/2018. (MILLER, JONATHAN) (Entered: 09/11/2018)

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  • 08/30/2018
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  • (#5) Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Attachments: #1 CONSENT FORM)(Coyne, Michelle) (Entered: 08/30/2018)

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  • 08/30/2018
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  • (#4) Summons Issued as to MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC, SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP. (Attachments: #1 MCM, #2 SMITH)(Coyne, Michelle) (Entered: 08/30/2018)

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  • 08/27/2018
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  • (#3) MEMORANDUM re #2 MOTION to Certify Class under Fed. R. Civ. P. 23(b)(2) and Motion for Preliminary Injunction (Corrected Memorandum) by Plaintiff CURTIS WARNER. (MILLER, JONATHAN) (Entered: 08/27/2018)

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  • 08/24/2018
  • Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE L. PATRICK AULD. (Coyne, Michelle) (Entered: 08/24/2018)

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  • 08/23/2018
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  • (#2) MOTION to Certify Class under Fed. R. Civ. P. 23(b)(2) and Motion for Preliminary Injunction by CURTIS WARNER. (Attachments: #1 Memorandum of Law in Support, #2 Declaration of Plaintiff Curtis Warner in Support, #3 Exhibit A to Warner Decl. - Midland Pre-Legal Notice, #4 Exhibit B to Warner Decl. - Smith Debnam g Notice, #5 Exhibit C to Warner Decl. - Smith Debnam Notice of Intent, #6 Exhibit D to Warner Decl. - Comenity Notice of Assignment, #7 Exhibit E to Warner Decl. - Midland Welcome Letter, #8 Declaration of Attorney Jonathan R. Miller in Support, #9 Exhibit A to Miller Decl. - Midland website FAQs page, #10 Exhibit B to Miller Decl. - MCM website "Who Is MCM?" page, #11 Declaration of Attorney Brian L. Bromberg in Support, #12 Certificate of Service)(MILLER, JONATHAN) (Entered: 08/23/2018)

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  • 08/23/2018
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  • (#1) COMPLAINT against MIDLAND CREDIT MANAGEMENT, INC., MIDLAND FUNDING, LLC, SMITH DEBNAM NARRON DRAKE SAINTSING & MYERS, LLP ( Filing fee $ 400 receipt number 0418-2413095.), filed by CURTIS WARNER. (Attachments: #1 Exhibit A - Pre-Legal Notice from Midland, #2 Exhibit B - g Notice from Smith Debnam, #3 Exhibit C - Notice of Intent from Smith Debnam, #4 Civil Cover Sheet, #5 Proposed Summons for Midland Funding, LLC, #6 Proposed Summons for Midland Credit Management, Inc., #7 Proposed Summons for Smith Debnam)(MILLER, JONATHAN) (Entered: 08/23/2018)

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