Baxter v. Midland Credit Management, Inc.
| WAYNE BAXTER |
| MIDLAND CREDIT MANAGEMENT INC and Midland Credit Management, Inc. |
| 8:2021cv02676 |
| November 12, 2021 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Anthony E Porcelli |
| Other Statutory Actions |
| 15 U.S.C. ยง 1692 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 MOTION to Dismiss for Failure to State a Claim Count II of the Complaint by Midland Credit Management, Inc. (Rothschild, Philip) |
Filing 12
ENDORSED ORDER: Granting Defendant's Second Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. (Doc. # 11). Defendant's response to the Complaint is due January 7, 2022. Signed by Judge Virginia M. Hernandez Covington on 12/28/2021. (CTL)
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| Filing 11 Unopposed MOTION for Extension of Time to File Response to Complaint from Dec. 28 to Jan. 7 by Midland Credit Management, Inc. (Rothschild, Philip) |
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Filing 10
ENDORSED ORDER: In this matter, the Plaintiff alleges a violation of the Fair Debt Collection Practices Act ("FDCPA") due to the Defendant's practice of sharing consumers' personal information with a third-party vendor in pursuit of the collection of a debt. It has come to the Court's attention that, on November 17, 2021, the Eleventh Circuit vacated its panel decision in Hunstein v. Preferred Collection & Mgmt. Servs., Inc., ___ F.4th ___, 2021 WL 4998980, at *1 (11th Cir. Oct. 28, 2021), and ordered that the case be reheard en banc. See Hunstein v. Preferred Collection & Mgmt. Servs., Inc., No. 19-14434 (11th Cir. Nov. 17, 2021). The panel decision in Hunstein held that an alleged violation of 15 U.S.C. 1692c(b) is sufficient to give rise to the concrete injury in fact required for Article III standing, and that a debt collector's transmittal of a consumer's personal information to a third-party dunning vendor was made "in connection with the collection of any debt," in violation of the FDCPA. As that panel decision has now been vacated, it has no precedential value. Accordingly, the parties are directed to file a notice by January 11, 2022, stating whether they believe this matter should be stayed pending the Eleventh Circuit's en banc decision in Hunstein. Signed by Judge Virginia M. Hernandez Covington on 12/23/2021. (SGM)
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Filing 9
ENDORSED ORDER granting Defendant's Motion for Extension of Time (Doc. #8). Defendant Midland Credit Management, Inc.'s response to the complaint is now due by December 28, 2021. Signed by Judge Virginia M. Hernandez Covington on 12/15/2021. (SGM)
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| Filing 8 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by Midland Credit Management, Inc. (Rothschild, Philip) Modified text on 12/15/2021 (MCB). |
| Filing 7 CERTIFICATE of interested persons and corporate disclosure statement by Midland Credit Management, Inc. identifying Corporate Parent Encore Capital Group, Inc. for Midland Credit Management, Inc. (Rothschild, Philip) Modified text on 12/15/2021 (MCB). |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by Wayne Baxter. (Patti, Thomas) |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Wayne Baxter. Related case(s): No (Patti, Thomas) |
| Filing 4 NOTICE to counsels Jibrael S. Hindi and Thomas John Patti, III of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 3 SUMMONS issued as to Midland Credit Management, Inc.. (BD) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-2676-VMC-AEP. (MLJ) |
| Filing 1 COMPLAINT against MIDLAND CREDIT MANAGEMENT INC with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18921632) filed by WAYNE BAXTER. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Patti, Thomas) |
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