Name: McClure v. Midland Funding LLC :: Alabama Northern District Court :: Federal Civil Lawsuit No. 5:15-cv-00437, Judge Madeline H Haikala presiding
Creator: Alabama Northern District Court
Published: 2015-03-13
License: https://creativecommons.org/publicdomain/mark/1.0/
Keywords: court documents, legal case, docket, PACER, Alabama Northern District Court

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56	Filed: 8/11/2017, Entered: None
	ORDER The Court ORDERS that this action is DISMISSED WITH PREJUDICE. The parties are to bear their own fees, costs and expenses. Signed by Judge Madeline Hughes Haikala on 8/11/17. (SAC ) (Entered: 08/11/2017)
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55	Filed: 8/10/2017, Entered: None
	STIPULATION of Dismissal (Joint) by Midland Credit Management Inc, Midland Funding LLC. filed by Midland Credit Management Inc, Midland Funding LLC (Springfield, R) (Entered: 08/10/2017)
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54	Filed: 6/20/2017, Entered: None
	TEXT ORDER: The parties have informed the Court that they have settled this action and have asked the Court to stay all pending deadlines for 45 days so that they may finalize their settlement. (Doc. 53 ). The Court GRANTS the motion to stay. On or before August 7, 2017, the parties shall file a joint stipulation of dismissal or a joint report updating the Court on the status of the settlement.Signed by Judge Madeline Hughes Haikala on 6/20/2017. (YMB) (Entered: 06/20/2017)
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53	Filed: 6/19/2017, Entered: None
	Joint MOTION to Stay re 47 Order, Terminate Motions, Set Deadlines,,,,,,,,, by David McClure. (Selby, David) (Entered: 06/19/2017)
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52	Filed: 6/1/2017, Entered: None
	TEXT ORDER: Mr. McClure has withdrawn his motion for a protective order. (Doc. 49). Accordingly, the Court DENIES the motion for a protective order as MOOT and CANCELS the telephone conference scheduled for 2:00 p.m. on June 1, 2017. Signed by Judge Madeline Hughes Haikala on 6/1/2017. (KEK) (Entered: 06/01/2017)
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51	Filed: 5/30/2017, Entered: None
	TEXT ORDER: Plaintiff has filed a Motion for Protective Order. (Doc. 49 ). The Court SETS the Motion for a Telephone Conference at 2:00 PM on Thursday, June 1, 2017. Counsel of record shall please dial 877-873-8018 and enter access code 5313999 to participate in the call. Signed by Judge Madeline Hughes Haikala on 5/30/2017. (YMB) (Entered: 05/30/2017)
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50	Filed: 5/25/2017, Entered: None
	Brief re 49 MOTION for Protective Order filed by David McClure. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Selby, David) (Entered: 05/25/2017)
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49	Filed: 5/25/2017, Entered: None
	MOTION for Protective Order by David McClure. (Selby, David) (Entered: 05/25/2017)
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48	Filed: 5/25/2017, Entered: None
	NOTICE by David McClure of Objections to Defendants' Third-Party Subpoenas (Selby, David) (Entered: 05/25/2017)
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47	Filed: 5/2/2017, Entered: None
	TEXT ORDER: The Court GRANTS the parties' Joint Motion to Extend Class Discovery Deadline and Class Certification Briefing Schedule. (Doc. 46 ). The Court amends the class discovery scheduling order as follows: (1) the parties shall complete class discovery on or before June 30, 2017; (2) Mr. McClure shall file an amended motion for class certification on or before July 31, 2017; (3) the defendants may file a response to the amended motion for class certification on or before August 14, 2017; (4) Mr. McClure may file a reply on or before August 21, 2017. After the Court rules on the amended motion for class certification, the Court will set a status conference to establish remaining discovery and dispositive motion deadlines. Signed by Judge Madeline Hughes Haikala on 5/2/2017. (YMB) (Entered: 05/02/2017)
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46	Filed: 4/28/2017, Entered: None
	Joint MOTION for Extension of Time of Class Discovery Deadline and Class Certification Briefing Schedule by Midland Credit Management Inc, Midland Funding LLC. (Hebson, Ryan) (Entered: 04/28/2017)
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45	Filed: 12/12/2016, Entered: None
	ANSWER to 43 Amended Complaint and Affirmative Defenses by Midland Credit Management Inc.(Hebson, Ryan) (Entered: 12/12/2016)
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44	Filed: 12/12/2016, Entered: None
	ANSWER to 43 Amended Complaint and Affirmative Defenses by Midland Funding LLC.(Hebson, Ryan) (Entered: 12/12/2016)
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43	Filed: 11/28/2016, Entered: None
	AMENDED COMPLAINT (Second) against Midland Credit Management Inc, Midland Funding LLC, filed by David McClure. (Attachments: # 1 Exhibit A)(Selby, David) (Entered: 11/28/2016)
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42	Filed: 11/23/2016, Entered: None
	TEXT ORDER: The Court GRANTS Mr. McClure's motion for leave to file a second amended complaint. (Doc. 41). On or before November 28, 2016, Mr. McClure shall file the second amended complaint which is attached as exhibit 1 to the motion. (Doc. 41-1). The Court amends the class discovery scheduling order as follows: (1) the parties shall complete class discovery on or before May 26, 2017; (2) Mr. McClure shall file an amended motion for class certification on or before June 30, 2017; (3) the defendants may file a response to the amended motion for class certification on or before July 21, 2017; (4) Mr. McClure may file a reply on or before August 4, 2017. After the Court rules on the amended motion for class certification, the Court will set a status conference to establish remaining discovery and dispositive motion deadlines. Signed by Judge Madeline Hughes Haikala on 11/23/2016. (KEK) (Entered: 11/23/2016)
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41	Filed: 11/15/2016, Entered: None
	MOTION for Leave to File Second Amended Complaint by David McClure. (Attachments: # 1 Exhibit 1 - [Proposed] Second Amended Complaint)(Selby, David) (Entered: 11/15/2016)
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40	Filed: 10/14/2016, Entered: None
	TEXT ORDER: The Court GRANTS the parties' joint motion to vacate the Court's August 17, 2016 scheduling order. (Docs. 38, 39). The parties shall complete class discovery on or before December 28, 2016. The parties may amend their pleadings on or before January 13, 2017. Mr. McClure shall file an amended motion for class certification on or before February 17, 2017. The defendants may file a response to the amended motion for class certification on or before March 20, 2017. Mr. McClure may file a reply on or before April 10, 2017. After the Court rules on the amended motion for class certification, the Court will set a status conference to establish remaining discovery and dispositive motion deadlines. Signed by Judge Madeline Hughes Haikala on 10/14/2016. (AVC) (Entered: 10/14/2016)
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39	Filed: 10/5/2016, Entered: None
	Joint MOTION to Vacate August 17, 2016 Order and Amend Class Discovery and Briefing Deadlines by Midland Credit Management Inc, Midland Funding LLC. (Hebson, Ryan) (Entered: 10/05/2016)
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38	Filed: 8/17/2016, Entered: None
	TEXT ORDER: The parties notified the Court that they have been unable to settle this action. (Doc. 37). The parties shall complete class discovery on or before November 30, 2016. The parties shall amend their pleadings on or before December 29, 2016. Mr. McClure shall file an amended motion for class certification on or before January 17, 2017. The defendants may file a response to the amended motion for class certification on or before February 16, 2017. Mr. McClure may file a reply on or before March 8, 2017. After the Court rules on the amended motion for class certification, the Court will set a status conference to establish remaining discovery and dispositive motion deadlines. Signed by Judge Madeline Hughes Haikala on 8/17/2016. (KEK) (Entered: 08/17/2016)
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37	Filed: 8/16/2016, Entered: None
	STATUS REPORT Joint Status Report by David McClure. filed by David McClure (Ryan, Elizabeth) (Entered: 08/16/2016)
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36	Filed: 8/9/2016, Entered: None
	TEXT ORDER: On June 9, 2016, the parties filed a joint status report and asked the Court to continue deadlines for the completion of class discovery and for Mr. McClure to file an amended motion for class certification. (Doc. 35, p. 2). The parties also asked for permission to file a joint report on or before July 8, 2016 updating the Court on the parties' settlement discussions. (Doc. 35, p. 2). On or before August 16, 2016, the parties shall please file a joint report updating the Court on the status of this case. Signed by Judge Madeline Hughes Haikala on 8/9/2016. (AVC) (Entered: 08/09/2016)
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35	Filed: 6/9/2016, Entered: None
	STATUS REPORT and Request to Continue Deadlines (JOINT) by Midland Credit Management Inc, Midland Funding LLC. filed by Midland Credit Management Inc, Midland Funding LLC (Hebson, Ryan) (Entered: 06/09/2016)
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34	Filed: 5/18/2016, Entered: None
	TEXT ORDER: The parties have filed a joint notice informing the Court of their upcoming mediation and asking the Court to suspend the deadlines for class discovery and for plaintiff David McClure to file an amended motion for class certification. (Doc. 33). The parties ask the Court to "set a status and scheduling conference following the June 2, 2016 mediation, at which time the parties would (if necessary) propose amended deadlines for completing class discovery and for Plaintiff to move for class certification." (Doc. 33, pp. 2-3). For good cause shown, the Court suspends the deadlines for class discovery and for the plaintiff's amended motion for class certification. Rather than setting a status/scheduling conference, the Court asks the parties to please file a joint status report on or before June 9, 2016, updating the Court on the status of the case following mediation. If necessary, the Court will set a status/scheduling conference after the parties file their joint status report. Signed by Judge Madeline Hughes Haikala on 5/18/2016. (KEK) (Entered: 05/18/2016)
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33	Filed: 3/30/2016, Entered: None
	NOTICE by Midland Credit Management Inc, Midland Funding LLC (Joint Notice of Mediation and Request to Continue Deadlines and Set Status & Scheduling Conference) (Hebson, Ryan) (Entered: 03/30/2016)
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32	Filed: 3/30/2016, Entered: None
	TEXT ORDER: Plaintiff David McClure filed a motion for class certification as a placeholder motion on June 15, 2015. (Doc. 13). Mr. McClure filed the placeholder motion for class certification "in an abundance of caution to avoid any possibility of a so-called 'pick off' by the Defendants to moot his representative claims (i.e., presenting an individual offer of judgment to attempt to moot the claims)." (Doc. 13, p. 2). Since Mr. McClure filed his placeholder motion, the Supreme Court held that an unaccepted offer of judgment cannot moot a case. See Campbell-Ewald Co. v. Gomez, 136 S. Ct. 663 (2016). Because Mr. McClure's placeholder motion is unnecessary in light of Gomez, the Court denies Mr. McClure's placeholder motion with leave to file an amended motion for class certification after the conclusion of class discovery. The parties in their Rule 26(f) report have provided the Court with proposed deadlines for class discovery and for filing an amended motion for class certification. (Doc. 30, 3(b), 4(d)). Consistent with the parties' Rule 26(f) report, the parties shall complete class discovery on or before April 22, 2016. Mr. McClure may file an amended motion for class certification on or before June 1, 2016. After Mr. McClure files his amended motion for class certification, the Court will set a briefing schedule. The Court asks the Clerk to please term Doc. 13. Signed by Judge Madeline Hughes Haikala on 3/30/2016. (KEK) (Entered: 03/30/2016)
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31	Filed: 2/12/2016, Entered: None
	STIPULATION Regarding Net Worth by David McClure. filed by David McClure (Selby, David) (Entered: 02/12/2016)
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30	Filed: 12/18/2015, Entered: None
	REPORT of Rule 26(f) Planning Meeting. (Hebson, Ryan) (Entered: 12/18/2015)
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29	Filed: 10/13/2015, Entered: None
	PROTECTIVE ORDER. Signed by Judge Madeline Hughes Haikala on 10/13/2015. (KEK) (Entered: 10/13/2015)
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28	Filed: 10/13/2015, Entered: None
	MOTION for Protective Order (Unopposed) by Midland Credit Management Inc, Midland Funding LLC. (Attachments: # 1 Exhibit "A" - Proposed Protective Order)(Hebson, Ryan) (Entered: 10/13/2015)
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27	Filed: 7/10/2015, Entered: None
	REPLY to Response to Motion re 13 MOTION to Certify Class or, in the Alternative, a Stay of Certification Briefing Pending Discovery Plaintiff's Reply in Support of Motion for Class Certification or to Stay Briefing filed by David McClure. (Attachments: # 1 Exhibit A)(Selby, David) (Entered: 07/10/2015)
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26	Filed: 7/9/2015, Entered: None
	ANSWER to 17 Amended Complaint and Affirmative Defenses by Midland Credit Management Inc.(Hebson, Ryan) (Entered: 07/09/2015)
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25	Filed: 7/9/2015, Entered: None
	ANSWER to 17 Amended Complaint and Affirmative Defenses by Midland Funding LLC.(Hebson, Ryan) (Entered: 07/09/2015)
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24	Filed: 7/9/2015, Entered: None
	TEXT ORDER David L. Selby, II has moved to admit Elizabeth Ryan pro hac vice in this action. 21 The Court GRANTS the Motion for Leave to Appear. Signed by Judge Madeline Hughes Haikala on 7/9/2015. (TLM, ) (Entered: 07/09/2015)
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23	Filed: 7/9/2015, Entered: None
	TEXT ORDER David L Selby has moved to admit John Roddy pro hac vice in this action. (Doc 20) The Court GRANTS the Motion for John Roddy Leave to Appear pro hac vice. Signed by Judge Madeline Hughes Haikala on 7/9/2015. (TLM, ) Modified on 7/9/2015 (TLM, ). (Entered: 07/09/2015)
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22	Filed: 7/1/2015, Entered: None
	RESPONSE in Opposition re 13 MOTION to Certify Class or, in the Alternative, a Stay of Certification Briefing Pending Discovery filed by Midland Credit Management Inc, Midland Funding LLC. (Hebson, Ryan) (Entered: 07/01/2015)
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21	Filed: 6/30/2015, Entered: None
	MOTION for Leave to Appear Pro Hac Vice of Attorney Elizabeth Ryan by David McClure. (Attachments: # 1 Application for Admission to Practice)(Selby, David) (Entered: 06/30/2015)
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20	Filed: 6/29/2015, Entered: None
	MOTION for Leave to Appear Pro Hac Vice of Attorney John Roddy by David McClure. (Attachments: # 1 Application for Admission to Practice)(Selby, David) (Entered: 06/29/2015)
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19	Filed: 6/26/2015, Entered: None
	REPORT of Rule 26(f) Planning Meeting. (Hebson, Ryan) (Entered: 06/26/2015)
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18	Filed: 6/26/2015, Entered: None
	NOTICE of Appearance by Matthew Jason Ford on behalf of David McClure (Ford, Matthew) (Entered: 06/26/2015)
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17	Filed: 6/19/2015, Entered: None
	AMENDED COMPLAINT against Midland Credit Management Inc, Midland Funding LLC, filed by David McClure. (Attachments: # 1 Exhibit A)(Selby, David) (Entered: 06/19/2015)
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16	Filed: 6/18/2015, Entered: None
	TEXT ORDER: Pursuant to the discussion on the record at the June 17, 2015 telephone conference, the Court GRANTS Plaintiff's motion to file an amended complaint. (Doc. 12 ). Plaintiff shall file his amended complaint on or before Friday June 19, 2015. The Court also GRANTS the parties' joint motion for extension of time to file their Rule 26(f) report. (Doc. 14 ). The parties shall file their Rule 26(f) report on or before Friday June 26, 2015. With regard to plaintiff's motion to certify a class (Doc. 13), defendants may file a response in opposition on or before Wednesday July 1, 2015. Plaintiff may file a reply on or before Friday July 10, 2015. Signed by Judge Madeline Hughes Haikala on 6/18/2015. (KEK) (Entered: 06/18/2015)
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15	Filed: 6/16/2015, Entered: None
	TEXT ORDER: Plaintiff David McClure has filed a motion for leave to file a first amended complaint so that he may add a class claim against Midland Funding LLC and Midland Credit Management, Inc. (Doc. 12 ) and a motion for class certification or, in the alternative, a stay of certification briefing pending discovery (Doc. 13 ). The parties have also filed a joint motion for additional time to file the report of the parties' Rule 26(f) conference. (Doc. 14 ). The Court SETS this case for a telephone conference at 4:30 p.m. on Wednesday June 17, 2015. The parties shall call 205-278-2186 and enter access code 3893 to participate in the conference. Signed by Judge Madeline Hughes Haikala on 6/16/2015. (KEK) (Entered: 06/16/2015)
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14	Filed: 6/15/2015, Entered: None
	Joint MOTION for Extension of Time to File Report of the Parties' Rule 26(f) Conference by Midland Credit Management Inc, Midland Funding LLC. (Hebson, Ryan) (Entered: 06/15/2015)
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13	Filed: 6/15/2015, Entered: None
	MOTION to Certify Class or, in the Alternative, a Stay of Certification Briefing Pending Discovery by David McClure. (Attachments: # 1 Exhibit A - March 15, 2014 Collection Letter)(Selby, David) (Entered: 06/15/2015)
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12	Filed: 6/15/2015, Entered: None
	MOTION for Leave to File First Amended Complaint by David McClure. (Attachments: # 1 Exhibit A - [Proposed] First Amended Complaint)(Selby, David) (Entered: 06/15/2015)
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11	Filed: 6/10/2015, Entered: None
	TEXT ORDER: The defendants filed their answers to the complaint on April 29, 2015. (Docs. 5, 6). Therefore, the parties shall file their Rule 26(f) report on or before Monday June 15, 2015. Signed by Judge Madeline Hughes Haikala on 6/10/2015. (KEK) (Entered: 06/10/2015)
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10	Filed: 6/10/2015, Entered: None
	TEXT ORDER: The parties' Rule 26(f) report was due on June 4, 2015. (Doc. 9). As of this date, the parties have not filed their joint report. The Court ORDERS the parties to file their Rule 26(f) report on or before Friday June 12, 2015. Signed by Judge Madeline Hughes Haikala on 6/10/2015. (KEK) (Entered: 06/10/2015)
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9	Filed: 5/19/2015, Entered: None
	INITIAL ORDER - Rule 26 Meeting Report due by 6/4/2015.. Signed by Judge Madeline Hughes Haikala on 5/19/2015. (TLM, ) (Entered: 05/19/2015)
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8	Filed: 4/29/2015, Entered: None
	Corporate Disclosure Statement by Midland Credit Management Inc. filed by Midland Credit Management Inc (Hebson, Ryan) (Entered: 04/29/2015)
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7	Filed: 4/29/2015, Entered: None
	Corporate Disclosure Statement by Midland Funding LLC. filed by Midland Funding LLC (Hebson, Ryan) (Entered: 04/29/2015)
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6	Filed: 4/29/2015, Entered: None
	ANSWER to 1 Complaint and Affirmative Defenses by Midland Credit Management Inc.(Hebson, Ryan) (Entered: 04/29/2015)
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5	Filed: 4/29/2015, Entered: None
	ANSWER to 1 Complaint and Affirmative Defenses by Midland Funding LLC.(Hebson, Ryan) (Entered: 04/29/2015)
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4	Filed: 4/10/2015, Entered: None
	SUMMONS Returned Executed by David McClure. Midland Credit Management Inc served on 4/8/2015, answer due 4/29/2015; Midland Funding LLC served on 4/8/2015, answer due 4/29/2015. (KEK) (Entered: 04/10/2015)
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3	Filed: 4/6/2015, Entered: None
	Summons Issued as to Midland Credit Management Inc, Midland Funding LLC. Sent via certified mail. (KEK) (Entered: 04/06/2015)
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2	Filed: 3/26/2015, Entered: None
	Request for service by certified mail filed by David McClure. (Selby, David) (Entered: 03/26/2015)
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1	Filed: 3/13/2015, Entered: None
	COMPLAINT against Midland Credit Management Inc, Midland Funding LLC, filed by David McClure. (Attachments: # 1 Exhibit A)(KEK) (Entered: 03/13/2015) Attachment 1 COMPLAINT against Midland Credit Management Inc, Midland Funding LLC, filed by David McClure. (Attachments: # 1 Exhibit A)(KEK) (Entered: 03/13/2015)
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