Ashe v. Portfolio Recovery Associates, LLC
Plaintiff: John Ashe
Defendant: Portfolio Recovery Associates LLC
Case Number: 3:2024cv00170
Filed: February 13, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: Patricia D Barksdale
Referring Judge: Marcia Morales Howard
Nature of Suit: Other Statutory Actions
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 21, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 21, 2024 Opinion or Order Filing 60 ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 2/21/2024. (JW)
February 20, 2024 Filing 59 STIPULATION of Dismissal with Prejudice by Portfolio Recovery Associates LLC. (Burnette, Lauren)
February 13, 2024 Filing 58 TRANSFER IN from the Southern District of California. Case assigned to District Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New Case Number: 3:24-cv-170-MMH-PDB. (MDC)
February 13, 2024 Filing 57 Case transferred in from District of California Southern; Case Number 3:16-cv-01848. File received electronically
December 29, 2023 Filing 56 Case transferred to District of Middle District of Florida. Files transferred electronically to: *District of Middle District of Florida*.*401 West Central Boulevard, Suite 1200**Orlando, FL 32801* (Attachments: #1 Conditional Remand Order MDL 2295) (All non-registered users served via U.S. Mail Service)(jmo) [Transferred from casd on 2/13/2024.]
December 29, 2023 Filing 55 NOTICE: Case transferred to Middle District of Florida. The parties in this case failed to stipulate or designate the contents of the remanded record as directed in the Conditional Remand Order dated 12/8/23 filed in 11md2295-JAH(BGS). Pursuant to United States Judicial Panel on Multidistrict Litigation Rule 10.4(b), the record of this case is being transferred to the Middle District of Florida (their case no. 16-00731) per the Conditional Remand Order of MDL 2295. (All non-registered users served via U.S. Mail Service)(no document attached) (jmo) [Transferred from casd on 2/13/2024.]
July 20, 2023 Filing 54 Mail Returned as Undeliverable. Mail sent to Jared M. Lee. (bdc) [Transferred from casd on 2/13/2024.]
July 5, 2023 Opinion or Order Filing 53 ORDER Granting Defendant's Motion for Summary Judgment and Denying Defendant's Motion to Exclude as Moot. No clerks judgment needed. Signed by Judge John A. Houston on 7/5/23.(All non-registered users served via U.S. Mail Service)(aas) [Transferred from casd on 2/13/2024.]
June 24, 2022 Opinion or Order Filing 52 ORDER Setting Briefing Schedule re (850 in 3:11-md-02295-JAH-BGS) MOTION for Summary Judgment : Plaintiffs Shall File Responses by 7/13/2022. Defendant May File a Reply by 7/27/2022. Signed by Judge John A. Houston on 6/24/2022.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(smy1) [Transferred from casd on 2/13/2024.]
November 9, 2021 Opinion or Order Filing 51 ORDER denying 813 application to conduct discovery. Signed by Judge John A. Houston on 11/09/2021.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
October 11, 2021 Filing 50 NOTICE of Appearance by Frank Howard Kerney, III on behalf of John Ashe (Kerney, Frank)Attorney Frank Howard Kerney, III added to party John Ashe(pty:pla) Emailed attorney to refile flattened PDF (ag). [Transferred from casd on 2/13/2024.]
July 28, 2021 Opinion or Order Filing 49 ORDER setting briefing schedule. Defendant shall file a response to the motion on or before August 11, 2021. Plaintiffs may file a reply on or before August 18, 2021. The matter will be 11 deemed under submission at the time. Signed by Judge John A. Houston on 7/28/2021.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
May 26, 2021 Filing 48 Minute Entry for proceedings held before Judge John A. Houston: Motion Hearing held on 5/26/2021 re (796 in 3:11-md-02295-JAH-BGS). Plaintiffs' motion to reopen discovery is Granted. The limited discovery permitted by this order must be completed on or before July 26, 2021. The parties shall file a joint status report regarding the status of discovery on or before July 17, 2021. The parties pending motions for summary judgment are withdrawn. The parties may file new motions for summary judgment following the close of the limited discovery(Court Reporter Juliet Eichenlaub). (Plaintiff Attorney Chris R. Miltenberger; Patric Lester). (Defendant Attorney Jennifer Robbins, James Trefil). (All non-registered users served via U.S. Mail Service)(no document attached) (lao) [Transferred from casd on 2/13/2024.]
May 24, 2021 Opinion or Order Filing 47 ORDER lifting stay and setting hearing as telephonic. Signed by Judge John A. Houston on 5/24/2021.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) (dlg). [Transferred from casd on 2/13/2024.]
April 25, 2019 Filing 46 NOTICE of Appearance by Joshua R. Kersey on behalf of John Ashe (Kersey, Joshua)Attorney Joshua R. Kersey added to party John Ashe(pty:pla) (jpp). [Transferred from casd on 2/13/2024.]
December 4, 2018 Opinion or Order Filing 45 ORDER vacating hearing on 737 motion to stay set for 12/10/2018. The motion is taken under submission without oral argument. Signed by Judge John A. Houston on 12/03/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
August 23, 2018 Opinion or Order Filing 44 ORDER Vacating Hearing re 672 MOTION for Summary Judgment; 673 MOTION to Exclude; 674 MOTION for Partial Summary Judgment. Signed by Judge John A. Houston on 8/23/2018. Signed by Judge John A. Houston on 8/23/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(mpl) [Transferred from casd on 2/13/2024.]
June 4, 2018 Opinion or Order Filing 43 ORDER rescheduling hearing on Defendants motion for summary judgment (Doc. No. 672) and motion to exclude Plaintiffs expert (Doc. No. 673), and Plaintiffs motion for partial summary judgment (Doc. No. 674) set for hearing on 8/20/2018, is vacated and rescheduled to 9/10/2018 at 2:30pm. Signed by Judge John A. Houston on 6/04/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
June 1, 2018 Opinion or Order Filing 42 ORDER rescheduling hearing and setting briefing schedule. The hearing on for Defendants motions set for 8/13/2018, is vacated and rescheduled to8/20/2018 at 2:30pm. The hearing on Plaintiffs motion set for 7/30/2018, is vacated and rescheduled to 8/20/2018 at 2:30pm. Plaintiffs shall file their response to Defendants motion on or before 7/26/2018. Defendant shall file its response to Plaintiffs motion on or before 6/26/2018. Any replies shall be filed on or before 7/17/2018. Signed by Judge John A. Houston on 6/01/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
May 23, 2018 Opinion or Order Filing 41 ORDER granting 668 Joint motion for leave to file excess pages. Signed by Judge John A. Houston on 5/23/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 29, 2018 Opinion or Order Filing 40 ORDER approving time and expense submissions to Common Benefit Fund of Patric A. Lester (Doc No. 651) and Chris Miltenberger (Doc No. 652). Signed by Judge John A. Houston on 3/29/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 29, 2018 Opinion or Order Filing 39 ORDER approving submissions to Common Benefit Fund of Patric A. Lester (Doc No. 636) and Chris Miltenberger (Doc No. 637). Signed by Judge John A. Houston on 3/29/2018.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
June 19, 2017 Opinion or Order Filing 38 ORDER granting Notice of Withdrawal of counsel. Michael A. Geibelson is hereby withdrawn as counsel of record on behalf of Defendant Portfolio Recovery Associates, LLC. Chris Madel, Jenny Robbins, and Cassandra Merrick at MADEL PA remain counsel for Defendant Portfolio Recovery Associates, LLC. Signed by Judge John A. Houston on 6/19/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
June 9, 2017 Opinion or Order Filing 37 ORDER granting Plaintiff's motion for appointment of lead counsel. Signed by Judge John A. Houston on 6/08/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
May 5, 2017 Opinion or Order Filing 36 ORDER granting 586 motion of co-lead counsel to appear telephonically at Court ordered hearing on 5/26/2017. Signed by Judge John A. Houston on 5/05/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 15, 2017 Opinion or Order Filing 35 ORDER following Status Conference held 3/09/2017. A hearing on the motions for lead counsel and motions for liaison counsel will be held before this Court on May 26, 2017 at 10:30am. Signed by Judge John A. Houston on 3/15/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 9, 2017 Filing 34 Minute Entry for proceedings held before Judge John A. Houston: all applications to be lead counsel or co-lead counsel shall be filed by 4/17/17; Objections by 5/8/17. Applications for liaison counsel shall be filed by 4/17/17; objections by 5/8/17. Motion Hearing set for 5/26/2017 10:30 AM in Courtroom 13B before Judge John A. Houston.(Court Reporter/ECR Cami Kircher). (Plaintiff Attorney Douglas J. Campion, Ethan Mark Preston, Mauricio Arcadier, Chris R. Miltenberger, Nathan D. Sturycz, Francis Richard Greene, Rex C. Anderson, Seth Andrews, Matthew Lewis Bromberg, Patrick J. Helwig, David Andrew Maxfield, Robert W. Murphy, Benjamin A. Parker, Garrett Leif, Greg Cunningham). (Defendant Attorney James Patrick Galvin, Christopher William Madel, Cassandra B. Merrick, Jennifer M. Robbins). Associated Cases: 3:11-md-02295-JAH-BGS et al.(no document attached) (lwm) [Transferred from casd on 2/13/2024.]
March 9, 2017 Opinion or Order Filing 33 ORDER granting 554 motion to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 9, 2017 Opinion or Order Filing 32 ORDER granting 553 motion to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 9, 2017 Opinion or Order Filing 31 ORDER granting 552 motion to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 9, 2017 Opinion or Order Filing 30 ORDER granting 555 request to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp)[Transferred from casd on 2/13/2024.]
March 7, 2017 Opinion or Order Filing 29 ORDER granting 538 Request to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/7/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 6, 2017 Opinion or Order Filing 28 ORDER granting 530 motion to appear telephonically at status conference set for March 9, 2017. Signed by Judge John A. Houston on 3/06/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
March 6, 2017 Opinion or Order Filing 27 ORDER granting 536 request to telephonically participate in the March 9, 2017 status conference. Signed by Judge John A. Houston on 3/06/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp)[Transferred from casd on 2/13/2024.]
March 1, 2017 Opinion or Order Filing 26 ORDER directing Defendant to initiate conference call for status conference. Signed by Judge John A. Houston on 2/28/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)CC: MDL Panel(jpp) [Transferred from casd on 2/13/2024.]
March 1, 2017 Opinion or Order Filing 25 ORDER granting 516 Plaintiff Craig Cunningham's motion to appear at the 3/9/2017 status conference by telephone. Signed by Judge John A. Houston on 2/28/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
February 9, 2017 Opinion or Order Filing 24 ORDER re Status Conference. Signed by Judge John A. Houston on 2/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
February 9, 2017 Opinion or Order Filing 23 ORDER granting 505 request to appear telephonically. Rex C. Anderson may participate by telephone in the March 9, 2017 Status Conference. Signed by Judge John A. Houston on 2/09/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 25, 2017 Opinion or Order Filing 22 ORDER setting Status Conference for March 9, 2017 at 10:30am. The parties shall file a joint status report addressing the current status of the action, including which member cases remain following the settlement, on or before February 28, 2017. Signed by Judge John A. Houston on 1/25/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 25, 2017 Opinion or Order Filing 21 ORDER granting in part Class Counsel's motion for attorneys fees and incentive awards; and granting in part Bartlett and Harvey's motion for attorneys' fees, Doc Nos. 427 and 430. Class Counsels motion for attorneys fees and costs is granted in part and denied in part. Class Counsel are granted attorneys fees of $4,860,000 and $71,955.73 for expenses. Class Counsels motion for incentive payments is granted. Each class representative is awarded $6,250 from the common fund. Bartlett and Harveys motion for attorneys fees is granted in part and denied in part. Counsel for Bartlett is awarded $23,720 in attorneys fees and$224.59 for costs. Counsel for Harvey is awarded $53,381.25 for attorneys fees and $1,557.87 for costs. Signed by Judge John A. Houston on 1/23/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 25, 2017 Opinion or Order Filing 20 ORDER granting National Plaintiff's emergency motion for an injunction under The All Writs Act, 28 USC 1651. Signed by Judge John A. Houston on 1/23/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 25, 2017 Opinion or Order Filing 19 ORDER and judgment granting Final Approval of Class Action Settlement. Signed by Judge John A. Houston on 1/23/2017. (Attachments: #1 Exhibit A)Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 11, 2017 Opinion or Order Filing 18 ORDER vacating hearing on 474 National Plaintiff's motion for Permanent Injunction set for 1/23/2017. Signed by Judge John A. Houston on 1/11/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 6, 2017 Opinion or Order Filing 17 ORDER denying 467 Defendant's request to telephonically participate in the January 9, 2017 hearing as moot. Signed by Judge John A. Houston on 1/05/2017.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
January 4, 2017 Filing 16 CONSENT DECREE - The Court finds that the following documents are withdrawnwith prejudice: (1) National Plaintiffs Motion to Sanction Turner Plaintiffs and Turner Plaintiffs Counsel (ECF No. 452); (2) National Plaintiffs Opposition to Bartlett and Harvey Counsels Motion for Fees (ECF No. 447). signed by Judge John A. Houston on 1/04/2017. Associated Cases: 3:11-md-02295-JAH-BGS et al. (All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
December 22, 2016 Opinion or Order Filing 15 ORDER vacating dates for lead counsel motions. The hearing for motions for appointment as lead counsel set for January 27, 2017, and the related briefing schedule are vacated until further order of this Court. Discovery is stayed until further order of this Court. Signed by Judge John A. Houston on 12/22/2016. Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
September 13, 2016 Opinion or Order Filing 14 ORDER granting National Plaintiffs' Emergency Motion for an Injunction under the all writs act, 28 USC 1651. Signed by Judge John A. Houston on 09/13/2016.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
September 13, 2016 Opinion or Order Filing 13 ORDER granting request for Defendant's to telephonically participate in the September 13, 2016 hearing on National Plaintiffs' Emergency Motion for a Temporary Restraining Order under the All Writs Act, 28 USC 1651. Signed by Judge John A. Houston on 9/12/2016.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
September 1, 2016 Opinion or Order Filing 12 ORDER granting 397 National Plaintiffs' Emergency Motion for a Temporary Restraining Order under the All Writs Act, 28 USC 1651. Signed by Judge John A. Houston on 9/01/2016. This temporary restraining order will expire on September 13, 2016at 1:30 p.m. absent further order of the Court.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) Modified on 9/1/2016 to replace image, nef resent to all parties. (jpp). [Transferred from casd on 2/13/2024.]
August 19, 2016 Filing 11 NOTICE RE CORRESPONDENCE FROM CLASS MEMBERS. Signed by Judge John A. Houston on 8/18/2016.Associated Cases: 3:11-md-02295-JAH-BGS et al.(All non-registered users served via U.S. Mail Service)(jpp) [Transferred from casd on 2/13/2024.]
July 20, 2016 Opinion or Order Filing 10 PRETRIAL ORDER- The Member Cases are consolidated for pretrial purposes only. Any tag-along actions later filed in, removed to or transferred to this Court, or directly filed in the Southern District of California, will automatically be consolidated with this action without further motions or orders. This consolidation, however, does not constitute a determination that the actions should be consolidated for trial, nor does it have the effect of making any entity a party to any action in which he, she, or it has not been named, served, or added in accordance with the Federal Rules of Civil Procedure. All future filing will be done on the master docket 3:11-md-02295-JAH-BGS. Signed by Judge John A. Houston on 04/25/12.(jpp) [Transferred from casd on 2/13/2024.]
July 20, 2016 Filing 8 Case transferred in from District of Florida Middle; Case Number 3:16-cv-00731. Original file received electronically (kas) [Transferred from casd on 2/13/2024.]
July 19, 2016 Filing 9 Judge John A. Houston and Magistrate Judge Bernard G. Skomal assigned to transfer case from Middle District of Florida. (no document attached) (kas) [Transferred from casd on 2/13/2024.]
July 18, 2016 Filing 7 MULTIDISTRICT LITIGATION panel order transferring case to: Southern District of California. Transferee court case number: 3:16-cv-731-J-34PDB. MDL case number: 2295. (NAS) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
July 5, 2016 Filing 6 NOTICE of Appearance by Sundeep Singh Sidhu on behalf of Portfolio Recovery Associates, LLC (Sidhu, Sundeep) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
June 21, 2016 Filing 5 RETURN of service executed on 6/17/2016 by John Ashe as to Portfolio Recovery Associates, LLC. (Lee, Jared) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
June 20, 2016 Filing 4 NOTICE: Based upon the parties' filings, the Court is satisfied of the existence of subject matter jurisdiction over this action. (APH) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
June 16, 2016 Filing 3 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 6/16/2016. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(JW) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
June 15, 2016 Filing 2 SUMMONS issued as to Portfolio Recovery Associates, LLC. (BD) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]
June 15, 2016 Filing 1 COMPLAINT against Portfolio Recovery Associates, LLC with Jury Demand (Filing fee $ 400 receipt number JAX20612) filed by John Ashe. (Attachments: #1 Civil Cover Sheet)(BD) [Transferred from Florida Middle on 7/20/2016.] [Transferred from casd on 2/13/2024.]

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Plaintiff: John Ashe
Represented By: Frank H. Kerney, III
Represented By: Jared Michael Lee
Represented By: Joshua Ryan Kersey
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Defendant: Portfolio Recovery Associates LLC
Represented By: Sundeep Singh Sidhu
Represented By: Lauren M. Burnette
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