Madden v. Midland Funding, LLC et al
||Midland Funding, LLC and Midland Credit Management, Inc.
||November 10, 2011
||US District Court for the Southern District of New York
||White Plains Office
|Nature of Suit:
|Cause of Action:
||15 U.S.C. § 1692
|Jury Demanded By:
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|February 27, 2017
OPINION & ORDER re: 112 SECOND MOTION for Summary Judgment , filed by Midland Funding, LLC, Midland Credit Management, Inc. Defendants' motion for summary judgment is GRANTED as to Plaintiff's § 5-501 and § 190.4 0 claims, and DENIED as to Plaintiff's FDCPA and GBL § 349 claims. Plaintiff's motion for class certification as modified above is GRANTED. Accordingly, the Court certifies: 1. A Rule 23(b)(2) injunctive and declaratory relief class comprising all persons residing in New York who were sent a letter by Defendants attempting to collect interest in excess of 25% per annum regarding debts incurred for personal, family, or household purposes, whose cardholder agreements: (i) pu rport to be governed by the law of a state that, like Delaware's, provides for no usury cap; or (ii) select no law other than New York. This class covers only claims arising out of GBL violations from November 10, 2008 through today's date. 2. A Rule 23(b)(3) damages class comprising all persons residing in New York who were sent a letter by Defendants attempting to collect interest in excess of 25% per annum regarding debts incurred for personal, family, or household purposes, wh ose cardholder agreements: (i) purport to be governed by the law of a state that, like Delaware's, provides for no usury cap; or (ii) select no law other than New York. This class comprises two subclasses: (a) for claims arising out of GBL viola tions from November 10, 2008 through today's date; and (b) for claims arising out of FDCPA violations from November 10, 2010 through today's date. The Clerk of Court shall terminate the pending motions. (Docs. 99, 112.) The parties shall appear for a conference on March 8, 2017 at 3:00 PM. SO ORDERED., (Status Conference set for 3/8/2017 at 03:00 PM before Judge Cathy Seibel.) (Signed by Judge Cathy Seibel on 2/27/17) (yv)
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