Rumfelt v. Midland Funding LLC
Plaintiff: Keith Rumfelt
Defendant: Midland Funding LLC
Case Number: 6:2018cv06420
Filed: June 8, 2018
Court: US District Court for the Western District of New York
Office: Rochester Office
County: Monroe
Presiding Judge: Frank P Geraci
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 1692 Fair Debt Collection Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on July 31, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2019 Opinion or Order Filing 27 STIPULATION AND ORDER DISMISSING CASE. Signed by Hon. Frank P. Geraci, Jr. on 7/29/19. (TF)
July 26, 2019 Opinion or Order Filing 26 STIPULATION of Dismissal by Keith Rumfelt. (Kaplan, David)
July 3, 2019 Opinion or Order Filing 25 TEXT ORDER: Based on the parties' #24 Notice of Settlement, the Court understands that this matter has settled. In accordance with Local Rule of Civil Procedure 41(a), the parties have until 7/26/19 to file a stipulation of dismissal or other appropriate document. If such document is not timely filed, the Court may enter an order dismissing the case as settled, without costs, and on the merits. See Loc. R. Civ. P. 41(a). SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 7/3/19. (JO)
July 2, 2019 Opinion or Order Filing 24 NOTICE of Settlement by Keith Rumfelt (Kaplan, David)
June 19, 2019 Opinion or Order Filing 23 TEXT ORDER GRANTING the parties' #22 stipulation. Defendant's answer is now due by 7/5/19. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 6/19/19. (JO)
June 18, 2019 Opinion or Order Filing 22 STIPULATION to Extend Time to Answer by Midland Funding LLC. (Parker, Sheryl)
April 29, 2019 Opinion or Order Filing 21 DECISION AND ORDER. For the reasons stated in the Decision and Order, Defendant's #15 Motion to Dismiss for Failure to State a Claim is GRANTED IN PART AND DENIED IN PART. If Plaintiff wishes to amend, he shall seek leave do so through a procedurally compliant motion filed by May 29, 2019. See Loc. R. Civ. P. 15. If Plaintiff does not move for leave to amend by that date, Defendant shall file its answer by June 19, 2019. Signed by Hon. Frank P. Geraci, Jr. on 4/29/19. (GMS)
November 29, 2018 Opinion or Order Filing 20 MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintiff's Amended Complaint filed by Midland Funding LLC. (Leghorn, Thomas)
November 9, 2018 Opinion or Order Filing 19 CONTINUATION OF EXHIBITS by Keith Rumfelt. to #18 Memorandum in Opposition to Motion, Filed to replace existing Exhibit B to Exhibit 1 filed by Keith Rumfelt. (Kaplan, David)
November 8, 2018 Opinion or Order Filing 18 MEMORANDUM in Opposition re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintiff's Amended Complaint filed by Keith Rumfelt. (Attachments: #1 Exhibit Exhibit 1 to Response, #2 Exhibit Exhibit A to Exhibit 1, #3 Exhibit Exhibit B to Exhibit 1)(Kaplan, David)
October 10, 2018 Opinion or Order Filing 17 TEXT ORDER: On 10/9/18, Defendant filed its #13 Motion to Dismiss. Plaintiff's response is due by 11/9/18 and Defendant may reply by 11/30/18. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/10/18. (JO)
October 9, 2018 Opinion or Order Filing 16 MEMORANDUM in Support re #15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintiff's Amended Complaint in Support of It's Motion to Dismiss The Amended Complaint filed by Midland Funding LLC. (Attachments: #1 Exhibit Amended Complaint)(Leghorn, Thomas)
October 9, 2018 Opinion or Order Filing 15 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintiff's Amended Complaint by Midland Funding LLC.(Leghorn, Thomas)
September 28, 2018 Opinion or Order Filing 14 TEXT ORDER: On 9/6/2018, Defendant filed a #10 Motion to Dismiss the Complaint under Federal Rule of Civil Procedure 12(b) in lieu of filing an answer. On 9/25/2018, Plaintiff filed an #13 Amended Complaint, which is permitted under Rule 15(a). It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect. Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994) (citation omitted). Because the original Complaint #1 is no longer operative, Defendant's #10 Motion to Dismiss the original Complaint is DENIED AS MOOT. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/28/2018. (AFM)
September 25, 2018 Opinion or Order Filing 13 AMENDED COMPLAINT against Midland Funding LLC, filed by Keith Rumfelt. (Attachments: #1 Exhibit Exhibit A to Amended Complaint)(Kaplan, David)
September 7, 2018 Opinion or Order Filing 12 TEXT SCHEDULING ORDER: On September 6, 2018, Defendant filed a Motion to Dismiss #10 . Plaintiff's response is due by October 8, 2018, and Defendant may file a reply within 15 days after Plaintiff's response is filed. After receiving all submissions, the Court will review them to determine if oral argument is necessary and, if so, it will notify the parties of the argument date. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/7/2018. (SFR)
September 6, 2018 Opinion or Order Filing 11 MEMORANDUM in Support re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintif's Complaint filed by Midland Funding LLC. (Attachments: #1 Exhibit Plaintiff's Complaint)(Leghorn, Thomas)
September 6, 2018 Opinion or Order Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM To Dismiss Plaintif's Complaint by Midland Funding LLC.(Leghorn, Thomas)
September 4, 2018 Opinion or Order Filing 9 Corporate Disclosure Statement by Midland Funding LLC. (Parker, Sheryl)
August 31, 2018 Opinion or Order ATTENTION CORPORATION PLAINTIFFS/DEFENDANTS: All Corporate Disclosure Statements pursuant to Fed.R.Civ.7.1(b) are to be filed within seven(7) days of this notice. (MD)
August 15, 2018 Opinion or Order Filing 8 TEXT ORDER: Pursuant to #5 Stipulation and Order and #7 Stipulation and Order, Defendant's time to answer or otherwise respond to Plaintiff's Complaint is extended to September 7, 2018. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 8/15/2018. (SFR)
August 10, 2018 Opinion or Order Filing 7 STIPULATION and Order by Midland Funding LLC. (Parker, Sheryl)
August 10, 2018 Opinion or Order Filing 6 NOTICE of Appearance by Sheryl Parker on behalf of Midland Funding LLC (Parker, Sheryl)
August 10, 2018 Opinion or Order Filing 5 STIPULATION and Order by Midland Funding LLC. (Leghorn, Thomas)
August 10, 2018 Opinion or Order Filing 4 NOTICE of Appearance by Thomas A. Leghorn on behalf of Midland Funding LLC (Leghorn, Thomas)
August 9, 2018 Opinion or Order Filing 3 SUMMONS Returned Executed by Keith Rumfelt. Midland Funding LLC served on 7/10/2018, answer due 7/31/2018. (Kaplan, David)
June 11, 2018 Opinion or Order Filing 2 Summons Issued as to Midland Funding LLC. (TF)
June 11, 2018 Opinion or Order Case assigned to Hon. Frank P. Geraci, Jr.. Notification to chambers of online case opening (TF)
June 11, 2018 Opinion or Order Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (TF)
June 11, 2018 Opinion or Order AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution(TF)
June 8, 2018 Opinion or Order Filing 1 COMPLAINT against Midland Funding LLC $ 400 receipt number 0209-3130171, filed by Keith Rumfelt. (Attachments: #1 Civil Cover Sheet, #2 Supplement Summons)(Kaplan, David)

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Defendant: Midland Funding LLC
Represented By: Thomas A. Leghorn
Represented By: Sheryl Parker
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Plaintiff: Keith Rumfelt
Represented By: David M. Kaplan
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