Springleaf Financial Services of Alabama, Inc. v. The F/V Whitewater et al
| Springleaf Financial Services of Alabama, Inc. f/d/b/a American General Financial Services of Alabama, Inc. |
| The F/V Whitewater, John M. Francis, Mary G. Francis and John M. Francis, II |
| Eastern Shore Marine, Inc. |
| 1:2012cv00579 |
| September 10, 2012 |
| US District Court for the Southern District of Alabama |
| Mobile Office |
| Mobile |
| William E Cassady |
| Contract: Marine |
| 28 U.S.C. § 1333 Marine-Preferred Ship Mortgage |
| None |
Docket Report
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This docket was last retrieved on November 3, 2014. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 77 SATISFACTION OF JUDGMENT entered in favor of Springleaf Financial Services of Alabama, Inc. against John M. Francis, John M. Francis, II, Mary G. Francis by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee) |
| Filing 76 Notice of Filing Post-Judgment Discovery Responses filed by John M. Francis, Mary G. Francis. (Myrick, Joshua) |
| Filing 75 Notice of Filing Post-Judgment Interrogatories and Requests for Production to John M. Francis, II, Mary G. Francis and John M. Francis filed by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee) |
Filing 74
ENDORSED ORDER noted #73 Motion to Substitute Attorney.. Although called a motion, this is a notice of substitute counsel in a closed action. Signed by Magistrate Judge William E. Cassady on 6/23/2014. (Cassady, William)
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| Filing 73 MOTION to Substitute Attorney by Springleaf Financial Services of Alabama, Inc.. (Heisterhagen, Kasee) |
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Filing 72
JUDGMENT entered. In accordance with the memorandum opinion and order entered on December 9, 2013 (Doc. 70), it is hereby ORDERED, ADJUDGED, and DECREED that plaintiff's motion for summary judgment (Doc. 61) is GRANTED. The plaintiff is entitled to recover $65,010.67 under the Loan Agreement. However, the in personam defendants are entitled to an offset in the amount of $30,000.00, as explained in the Court's memorandum opinion and order (Doc. 70). Accordingly, final judgment shall be entered against the in personam defendants in the amount of $35,010.671 with post-judgment interest to accrue at the rate of 0.13% from this date forward. Each party shall bear his, her, or its own costs. Signed by Magistrate Judge William E. Cassady on 1/7/2014. (eec)
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| Filing 71 MOTION Entry of Final Judgment Pursuant to Order of 12/9/2013 re #70 Order on Motion for Summary Judgment, by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
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Filing 70
ORDER entered re #61 Motion for Summary Judgment. Plaintiff's motion for summary judgment is GRANTED; the defendants' request for a $30,000.00 setoff is GRANTED; and the defendants' alternative request for a fair value setoff is DENIED. Signed by Magistrate Judge William E. Cassady on 12/9/2013. (eec)
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| Filing 69 Proposed Pretrial Order by John M. Francis, II. (Myrick, Joshua) |
| Filing 68 Notice of Filing Pretrial Disclosures filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
| Filing 67 Memorandum in Opposition re #62 Memorandum in Support (Affidavit of J. Michael Francis, II) filed by John M. Francis, II. (Myrick, Joshua) |
| Filing 66 Memorandum in Opposition re #62 Memorandum in Support of Plaintiff's Motion for Summary Judgment filed by John M. Francis, II. (Myrick, Joshua) |
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Filing 65
ORDER Confirming Sale and Directing Release of Vessel. Signed by Magistrate Judge William E. Cassady on 9/26/2013. (eec)
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Filing 64
Order re: #61 MOTION for Summary Judgment filed by Springleaf Financial Services of Alabama, Inc., ( Response to Motion due by 10/7/2013, Replies due by 10/14/2013.). Signed by Magistrate Judge William E. Cassady on 9/23/2013. (eec)
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| Filing 63 Proposed Findings of Fact re #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel by Springleaf Financial Services of Alabama, Inc. filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
| Filing 62 Memorandum in Support re #61 MOTION for Summary Judgment filed by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Exhibit Plaintiff supporting docs) (Dumas, Barre) |
| Filing 61 MOTION for Summary Judgment by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Text of Proposed Order) (Dumas, Barre) |
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Filing 60
Order re: #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc., The Court has determined that, by September 20, 2013, the plaintiff shall file and serve a proposed order on its motion. The Court hereby ORDERS that the deadline for filing dispositive motions shall be extended to September 20, 2013. Signed by Magistrate Judge William E. Cassady on 9/13/2013. (eec)
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| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Motion Hearing, via telephone conference, held on 9/12/2013 re #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc. FTR Digital Audio Recording. (eec) |
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Filing 59
Order re: #58 MOTION for Order Discharging United States Marshal Service and Substitute Counsel filed by Springleaf Financial Services of Alabama, Inc. This cause shall come before the undersigned, via a telephone conference, Thursday, September 12, 2013, at 2:00 p.m., for a hearing on plaintiff's Motion. All parties of record shall participate in the telephone conference, including the substitute custodian, Eastern Shore Marine, Inc. To access the conference, the parties shall use the following numbers: CALL IN 251-694-4296; PASS CODE 418000. Signed by Magistrate Judge William E. Cassady on 9/6/2013. (eec)
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| Filing 58 Request for Release of Vessel filed by Plaintiff Springleaf Financial Services of Alabama, Inc. (Dumas, Barre) Modified on 9/6/2013 (eec). |
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Filing 57
ORDER granting #56 Motion to Direct Mode and Manner. Plaintiff is allowed to make credit bids up to $57,000.00 at the Marshal Sale set for August 21, 2013, at 12:00 p.m. Signed by Magistrate Judge William E. Cassady on 8/20/2013. (eec)
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| Filing 56 MOTION to Direct Mode and Manner to allow credit bid by Plaintiff by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
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Filing 55
Order re: #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Eastern Shore Marine, Inc. shall be CARRIED with the sale of the vessel and a determination as to the appropriate distribution of sale proceeds has been finalized. Signed by Magistrate Judge William E. Cassady on 8/1/2013. (mjn)
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| Filing 54 WRIT of Venditioni Exponas Issued to USM for publication in the Mobile Press Register on the following dates: August 4,7,9,11,14,16,2013; Sale of vessel: August 21, 2013 at 12:00 noon; (mjn) |
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Filing 53
Order on Sale of Vessel that the F/V WHITEWATER be sold at public auction on August 21, 2013 at 12:00 noon; Dates of publication: August 4,7,9,11,14,16, 2013; September 20, 2013 is the last date on which claims may be filed against the vessel or proceeds of sale of same as provided in Local Admiralty Rule 6(e). Signed by Magistrate Judge William E. Cassady on 7/26/2013. (Attachments: #1 USM notice of sale) 3 cert copies USM (mjn)
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| Filing 52 RESPONSE in Opposition re #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
| Filing 51 Proof of Publication filed by Springleaf Financial Services of Alabama, Inc.. Last publication date 07/12/2013. (Attachments: #1 Affidavit Affidavit of Publication) (Dumas, Barre) |
| Filing 50 RESPONSE to #45 MOTION to Compel Immediate Payment of Custodial Fees filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
| Filing 49 RESPONSE to #46 MOTION for Order of Sale (Interlocutory) filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
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Filing 48
Order re: #46 MOTION for Order of Sale (Interlocutory) filed by Springleaf Financial Services of Alabama, Inc., ( Response to Motion due by 7/25/2013, Motion to be taken under submission on 7/26/2013.). Signed by Magistrate Judge William E. Cassady on 7/12/2013. (eec)
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Filing 47
Order re: #45 MOTION to Compel Immediate Payment of Custodial Fees filed by Eastern Shore Marine, Inc., ( Response to Motion due by 7/23/2013, Motion to be taken under submission on 7/24/2013.). Signed by Magistrate Judge William E. Cassady on 7/10/2013. (eec)
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| Filing 46 MOTION for Order of Sale (Interlocutory) by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) Modified on 7/30/2013 (mjn). |
| Filing 45 MOTION to Compel Immediate Payment of Custodial Fees by Eastern Shore Marine, Inc.. (Rankin, A.) |
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Filing 44
ORDER entered. The Court GRANTS the substitute custodian's motion (Doc. 33). His expenses have been determined to be expenses in custodia legis. And the plaintiff and the defendants are ordered to pay ESM $7,953.66, plus $94 per day for every day after April 9, 2013, until the date upon which ESM delivers possession in accordance with further order of the Court. Signed by Magistrate Judge William E. Cassady on 6/14/2013. (eec)
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| Minute Entry for proceedings held before Magistrate Judge William E. Cassady: Evidentiary Hearing held on 6/10/2013. FTR Digital Audio Recording. (eec) |
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Filing 42
ORDER granting #41 Motion to Continue. The evidentiary hearing set for May 16, 2013, at 2:00 p.m., is RESCHEDUELD to June 10, 2013, at 2:00 p.m., and will still occur in Courtroom 3A, United States Courthouse, Mobile, Alabama. Signed by Magistrate Judge William E. Cassady on 5/15/2013. (eec)
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| Reset Hearings: Evidentiary Hearing set for 6/10/2013 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. (eec) |
| Filing 41 MOTION to Continue Evidentiary Hearing by John M. Francis, II. (Myrick, Joshua) |
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Filing 40
Order re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by Eastern Shore Marine, Inc., ( Evidentiary Hearing set for 5/16/2013 02:00 PM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady.), Case reopened. Signed by Magistrate Judge William E. Cassady on 5/7/2013. (eec)
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| Filing 39 AFFIDAVIT Supplemental Affidavit of Ed Wall in Support of Motion by Substitute Custodian by Eastern Shore Marine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B) (Rankin, A.) |
| Filing 38 Brief filed by Eastern Shore Marine, Inc. in Support of Motion by Substitute Custodian to Set Aside Dismissal and order Payment of Custodial Fees.. (Rankin, A.) |
| Filing 37 Objection re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by John M. Francis, II, Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Affidavit Affidavit of J. Michael Francis, II, #2 Exhibit Dkt. No. 137; Case No. 11-cv-223-KD-C, #3 Exhibit Dkt. No. 164; Case No. 11-cv-223-KD-C) (Myrick, Joshua) |
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Filing 36
ORDER granting #34 Motion to access vessel to have it surveyed. Heine is given access to the vessel for the purpose of surveying it. And Francis shall indemnify and hold harmless ESM and the United States Marshal for this District from any claims for injuries to Heine which arise out of his survey of the vessel and/or which occur on ESMs premises while Heine is present there for the purpose of conducting his survey of the vessel. Signed by Magistrate Judge William E. Cassady on 4/17/2013. Copy to USM (srr)
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Filing 35
Order re: #33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees filed by Eastern Shore Marine, Inc.; Response to Motion due by 4/23/2013, Replies due by 4/30/2013 and this matter will be taken under submission without further briefing. The Court's "30-Day Order" remains in effect. Signed by Magistrate Judge William E. Cassady on 4/17/2013. (srr)
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| Filing 34 MOTION Permission to Access Vessel for Survey re #12 Order on Motion for Issuance of Arrest Warrant, Order on Motion to Appoint Custodian by John M. Francis, II. (Attachments: #1 Text of Proposed Order) (Myrick, Joshua) |
| Filing 33 MOTION to Set Aside Motion by Substitute Custodian to Set Aside Dismissal and Order Payment of Custodial Fees by Eastern Shore Marine, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Rankin, A.) |
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Filing 32
Order entered that this action is DISMISSED WITH PREJUDICE subject to the right of either party to reinstate the action within 30 days should the settlement not be consummated. Signed by Magistrate Judge William E. Cassady on 4/9/2013. (eec)
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| Filing 31 Position Regarding Mediation JOINT SUPPLEMENTAL REPORT filed by Springleaf Financial Services of Alabama, Inc., John M. Francis, II, John M. Francis, Mary G. Francis. (Dumas, Barre) |
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Filing 30
Order re: #29 Position Regarding Settlement filed by John M. Francis, II, ( Joint Supplemental Settlement Position due by 4/8/2013.). Signed by Magistrate Judge William E. Cassady on 3/20/2013. (eec)
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| Filing 29 Joint Position Regarding Settlement Through ADR Procedure filed by John M. Francis, II. (Myrick, Joshua) |
| Filing 28 Notice of Filing Rule 26 filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
| Filing 27 Notice of Filing Defendants' Initial Disclosures filed by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
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Filing 26
SCHEDULING ORDER: Pretrial Conference set for 11/12/2013 10:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. Amended Pleadings due by 3/29/2013. Discovery cutoff 8/16/2013. Motions due by 8/30/2013. This non-jury action shall be tried during the month of December, 2013 (a firm date to be set at the pretrial conference), and the parties have estimated that the trial of this action shall take approximately one (1) day. Signed by Magistrate Judge William E. Cassady on 2/21/2013. (Attachments: #1 Standing Pretrial Order) (eec)
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| Filing 25 REPORT of Rule 26(f) Planning Meeting . (Myrick, Joshua) |
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Filing 24
PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 2/19/2013. Signed by Magistrate Judge William E. Cassady on 1/2/2013. (eec)
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| Filing 23 ANSWER to #1 Complaint, by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
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Filing 22
ORDER granting #21 Motion for Extension of Time. The individual defendants shall file their answers to the complaint no later than December 20, 2012. Signed by Magistrate Judge William E. Cassady on 12/10/2012. (eec)
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| Answer due from John M. Francis, II on 12/20/2012; John M. Francis on 12/20/2012; Mary G. Francis on 12/20/2012. (eec) |
| Filing 21 Unopposed MOTION for Extension of Time to Answer Complaint by John M. Francis, II, John M. Francis, Mary G. Francis. (Myrick, Joshua) |
| Filing 20 NOTICE of Appearance by Joshua Paul Myrick on behalf of John M. Francis, II, John M. Francis, Mary G. Francis (Myrick, Joshua) |
| Filing 19 USM-285 RETURN OF SERVICE of Arrest of Vessel and Order of Substitute Custodian served 11/14/12 as to F/V Whitewater (sdb) |
| Filing 18 AFFIDAVIT of Service for Summons and Complaint served on John M. Francis, II on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent) |
| Filing 17 AFFIDAVIT of Service for Summons and Complaint served on Mary G. Francis on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent) |
| Filing 16 AFFIDAVIT of Service for Summons and Complaint served on John M. Francis on 11-08-2012, filed by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent) |
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Filing 15
ORDER on #14 Corporate Disclosure Statement filed by Springleaf Financial Services of Alabama, Inc. A review does not reveal any reason to believe that there are potential conflicts of interest that would require recusal in this action. Signed by Magistrate Judge William E. Cassady on 11/9/2012. (eec)
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| Filing 14 Corporate Disclosure Statement filed by Plaintiff Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
| Filing 13 Warrant of Arrest Issued as to The F/V Whitewater. (eec) |
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Filing 12
ORDER for Arrest of Vessel and for Appointment of Substitute Custodian. Eastern Shore Marine, Inc. appointed. Signed by Magistrate Judge William E. Cassady on 11/7/2012. (eec)
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| Remark: Certified copies (3) of Order for Arrest of Vessel and for Appointment of Substitute Custodian, Warrant of Arrest, Verified Complaint given to U.S. Marshal for service. (eec) |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re: #4 Order, Set Deadlines,, filed by Springleaf Financial Services of Alabama, Inc.. (Dumas, Barre) |
| Filing 10 Summons Issued as to John M. Francis, II, John M. Francis, Mary G. Francis. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (eec) |
| Filing 9 NOTICE of Filing Proposed Order by Springleaf Financial Services of Alabama, Inc. re: #7 MOTION to Appoint Substitute Custodian (McPhail, Kent) |
| Filing 8 NOTICE of Filing Proposed Order by Springleaf Financial Services of Alabama, Inc. re: #6 MOTION for Issuance of Arrest Warrant (Warrant of Arrest) (McPhail, Kent) |
| Filing 7 MOTION to Appoint Substitute Custodian by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent) |
| Filing 6 MOTION for Issuance of Arrest Warrant by Springleaf Financial Services of Alabama, Inc.. (McPhail, Kent) |
| Filing 5 NOTICE of Filing Proposed Summons by Springleaf Financial Services of Alabama, Inc. for John M. Francis, Mary G. Francis and John M. Francis, II (McPhail, Kent) |
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Filing 4
Order entered, The plaintiff is ORDERED to SHOW CAUSE no later than November 5, 2012 why a notice pursuant to Local Rule 4.1(c) was not filed and, further, notify the Court as to its intention with regard to the prosecution of this lawsuit. Signed by Magistrate Judge William E. Cassady on 10/29/2012. (eec)
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| Filing 3 Notice of Assignment to Magistrate Judge William E. Cassady for trial. (eec) |
| Filing 2 Evidentiary Material Exhibit A filed by Springleaf Financial Services of Alabama, Inc. re: #1 Complaint. (McPhail, Kent) |
| Filing 1 COMPLAINT Verified against All Defendants ( Filing fee $350 receipt number 1128-1326490, Online Credit Card Payment), filed by Springleaf Financial Services of Alabama, Inc.. (Attachments: #1 Affidavit Verification) (McPhail, Kent) (Additional attachment(s) added on 9/12/2012: #2 Civil Cover Sheet) (eec). |
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