Whitson v. Midland Funding LLC et al
| David Lane Whitson |
| Midland Funding LLC and Finkelstein, Kern, Steinburg & Cunningham PC |
| 2:2022cv00131 |
| October 21, 2022 |
| US District Court for the Eastern District of Tennessee |
| Charles E Atchley |
| Cynthia R Wyrick |
| Consumer Credit |
| 15 U.S.C. § 1692 Fair Debt Collection Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 STIPULATION of Dismissal case by David Lane Whitson. (Snyder, Brent) |
| Filing 45 Notice of Attorney Withdrawal Attorney Joseph Ronderos terminated. (Ronderos, Joseph) |
Filing 44
ORDER: On or before May 11, 2023, the parties are ORDERED to file a stipulation of dismissal in accordance with Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Signed by District Judge Charles E Atchley, Jr on 4/21/2023. (AWS)
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| NOTICE OF SETTLEMENT: Trial Date: 4/23/2024; Case Reported Settled By Dana Holloway, Mediator; Parties participated in mediation. (LCK) |
| Filing 43 REPORT of Mediation (Holloway, Dana) |
| Filing 42 NOTICE of Change of Address by Joseph Ronderos (Ronderos, Joseph) |
| Filing 41 ANSWER to #34 Amended Complaint by Midland Funding LLC.(Ronderos, Joseph) |
| Filing 40 ANSWER to #34 Amended Complaint by Finkelstein, Kern, Steinburg & Cunningham PC.(Calme, Megan) |
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Filing 39
ORDER: The Motion to Dismiss for Lack of Jurisdiction #24 is DENIED AS MOOT, without prejudice to refiling. Signed by District Judge Charles E Atchley, Jr on 3/1/2023. (AWS) Mailed to John Dwyer.
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Filing 38
SCHEDULING ORDER: Jury Trial set for 4/23/2024 09:00 AM in Courtroom 1A - Chattanooga before District Judge Charles E Atchley Jr. Final Pretrial Conference set for 4/8/2024 03:00 PM in Courtroom 1A - Chattanooga before District Judge Charles E Atchley Jr. Signed by District Judge Charles E Atchley, Jr on 3/1/2023. (AWS) Mailed to John Dwyer, Jr.
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Filing 37
ORDER granting #35 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Cynthia R Wyrick on 02/24/2023. (Copy of Order mailed to John Dwyer, Jr.) (CAT)
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| Clerk's Verification of PHV Requirements is complete regarding document: #35 MOTION for Leave to Appear Pro Hac Vice Motion for Admission Pro Hac Vice (Dwyer, John) filed by Finkelstein, Kern, Steinburg & Cunningham PC as to Finkelstein, Kern, Steinburg & Cunningham PC.( Attorney John Dwyer has pending admission application filed on 2/22/23) (KDO) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. (Calme, Megan) |
| Filing 35 MOTION for Leave to Appear Pro Hac Vice Motion for Admission Pro Hac Vice (Dwyer, John) by Finkelstein, Kern, Steinburg & Cunningham PC. (Calme, Megan) |
| Filing 34 AMENDED COMPLAINT against Finkelstein, Kern, Steinburg & Cunningham PC, Midland Funding LLC., filed by David Lane Whitson.(Snyder, Brent) |
| Filing 33 NOTICE OF NONCONSENT by David Lane Whitson (Snyder, Brent) |
| Filing 32 SUPPLEMENT to #24 MOTION to Dismiss for Lack of Jurisdiction Certification of Consultation for Midland and Funding, LLC's Motion to Dismiss by Midland Funding LLC. (Ronderos, Joseph) |
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Filing 31
ORDER: Scheduling Conference set for 2/28/2023 02:00 PM in Judge's Chambers (Telephonic Hearing) before District Judge Charles E Atchley Jr. Signed by District Judge Charles E Atchley, Jr on 2/15/2023. (AWS)
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| Filing 30 Notice of Attorney Withdrawal Attorney Daniel Jinho Chung terminated. (Chung, Daniel) |
| Filing 29 Certificate of Corporate Interest by Finkelstein, Kern, Steinburg & Cunningham PC. (Calme, Megan) |
| Filing 28 Administrative Notice to Counsel- Attorney Megan Calme requirements due by 2/21/2023. (KDO) |
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Filing 27
ORDER: The parties are ordered to confer and return the attached form within the time provided.Signed by District Judge Charles E Atchley, Jr on 2/14/23. (Attachments: #1 Other Notice of Consent/Non-Consent)) (KDO)
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| Filing 26 First Amended Answer of Finklestein, Kern, Steinberg & Cunningham, PC ANSWER to Complaint by Finkelstein, Kern, Steinburg & Cunningham PC.(Calme, Megan) |
| Filing 25 MEMORANDUM in Support of Motion re #24 MOTION to Dismiss for Lack of Jurisdiction filed by Midland Funding LLC. (Attachments: #1 Exhibit 1 - State Court Pleadings)(Ronderos, Joseph) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by Midland Funding LLC. (Ronderos, Joseph) |
| Filing 23 Finklestein, Kern, Steinberg, & Cunningham, PC ANSWER to #1 Complaint, by Finkelstein, Kern, Steinburg & Cunningham PC.(Calme, Megan) |
| Filing 22 NOTICE of Appearance by Shaun Kevin Ramey on behalf of Midland Funding LLC (Ramey, Shaun) |
| Filing 21 Certificate of Corporate Interest by Midland Funding LLC identifying Corporate Parent Encore Capital Group, Inc., Corporate Parent Midland Credit Management, Inc. for Midland Funding LLC. (Ronderos, Joseph) |
| Filing 20 NOTICE of Appearance by Joseph Ronderos on behalf of Midland Funding LLC (Ronderos, Joseph) |
| Filing 19 NOTICE of Appearance by Daniel Jinho Chung on behalf of Finkelstein, Kern, Steinburg & Cunningham PC (Chung, Daniel) |
| Filing 18 Administrative Notice to Counsel #14 Notice of Appearance : requirements due by 12/20/2022. (KDO) |
| Filing 17 WAIVER OF SERVICE Returned Executed by David Lane Whitson. Midland Funding LLC waiver sent on 12/14/2022. (Snyder, Brent) |
| Filing 16 WAIVER OF SERVICE Returned Executed by David Lane Whitson. Finkelstein, Kern, Steinburg & Cunningham PC waiver sent on 12/14/2022. (Snyder, Brent) |
| Filing 15 Certificate of Corporate Interest by Finkelstein, Kern, Steinburg & Cunningham PC. (Chung, Daniel) |
| Filing 14 ***FILED INCORRECTLY. SEE DOC. 19*** NOTICE of Appearance by Daniel Jinho Chung on behalf of Finkelstein, Kern, Steinburg & Cunningham PC (Chung, Daniel) Modified on 12/16/2022 (GRE). |
| Filing 13 Summons Issued as to All Defendants. (Attachments: #1 Summons - Finkelstein, Kern, Steinberg and Cunningham, PC)(KDO) |
| Filing 12 SUPPLEMENT to #1 Complaint, Corrected Summons to be issued by David Lane Whitson. (Attachments: #1 Summons Summons FKSC)(Snyder, Brent) |
| Filing 11 SUMMONS Returned Executed by David Lane Whitson. Midland Funding LLC served on 11/28/2022. (Kaludis, William) |
| Filing 10 SUMMONS Returned Executed by David Lane Whitson. Finkelstein, Kern, Steinburg & Cunningham PC served on 11/28/2022. (Kaludis, William) |
| Filing 9 CERTIFICATE OF SERVICE by David Lane Whitson re #6 Summons Issued Finklestein, Kern, Stienberg, & Cunningham (Kaludis, William) |
| Filing 8 CERTIFICATE OF SERVICE by David Lane Whitson re #6 Summons Issued Midland Funding, LLC (Kaludis, William) |
| Filing 7 NOTICE of Appearance by Brent S Snyder on behalf of David Lane Whitson (Snyder, Brent) |
| Filing 6 Summons Issued as to Finkelstein, Kern, Steinburg & Cunningham PC, Midland Funding LLC. (Attachments: #1 Summons Ron Cunningham, Esq.). (LCK) |
| Filing fee of $ 402.00 received, receipt number 200000155. (CAT) |
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Filing 5
Order Governing Sealing Confidential Information. Signed by District Judge Charles E Atchley, Jr on 10/24/22. (JBR)
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Filing 4
Order Governing Motions To Dismiss. Signed by District Judge Charles E Atchley, Jr on 10/24/22. (JBR)
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Filing 3
Order Governing Depositions. Signed by District Judge Charles E Atchley, Jr on 10/24/22. (JBR)
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| Filing 2 Administrative Notice to William Kaludis. No payment submitted. Amount due $402.00. Requirements due by 10/31/2022. (JBR) |
| District Judge Charles E Atchley, Jr and Magistrate Judge Cynthia R Wyrick added. (JBR) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402.), filed by David Lane Whitson. (Attachments: #1 Summons Midland Funding LLC, #2 Summons Finkelstein, Kern, Steinburg & Cunningham PC, #3 Other Civil Cover Sheet)(Kaludis, William) |
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