Harrington v. Portfolio Recovery Associates LLC
Plaintiff: Larry Harrington
Defendant: Portfolio Recovery Associates LLC
Case Number: 3:2024cv00046
Filed: January 8, 2024
Court: US District Court for the Northern District of Texas
Presiding Judge: Ada Brown
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 47 U.S.C. § 222 Telecommunications Act of 1996
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on February 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 26, 2024 Opinion or Order Filing 54 STATUS REPORT ORDER: Joint Status Report Due Three (3) Weeks from the Date of this Order. (Ordered by Judge Ada Brown on 2/26/2024) (kcr)
February 23, 2024 Filing 53 ANSWER to #1 Complaint,,,, filed by Portfolio Recovery Associates LLC. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Attorney Eugene Xerxes Martin, IV added to party Portfolio Recovery Associates LLC(pty:dft) (Martin, Eugene)
January 8, 2024 Filing 52 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (kcr)
January 8, 2024 Filing 51 Case electronically transferred in from District of California Southern; Case Number 3:16-cv-02109. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
December 29, 2023 Filing 50 Case transferred to District of Texas Northern District Court. Files transferred electronically to: *District of Texas Northern District Court*.*1100 Commerce Street, Room 1452**Dallas, TX 752421310* (Attachments: #1 Conditional Remand Order MDL 2295) (jmo) [Transferred from California Southern on 1/8/2024.]
December 29, 2023 Filing 49 NOTICE: Case transferred to Texas Northern District Court. 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 Texas Northern District Court (their case no. 16-02204) per the Conditional Remand Order of MDL 2295 (no document attached) (jmo) [Transferred from California Southern on 1/8/2024.]
July 5, 2023 Opinion or Order Filing 48 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.(aas) [Transferred from California Southern on 1/8/2024.]
June 24, 2022 Opinion or Order Filing 47 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 California Southern on 1/8/2024.]
November 9, 2021 Opinion or Order Filing 46 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 California Southern on 1/8/2024.]
July 28, 2021 Opinion or Order Filing 45 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 California Southern on 1/8/2024.]
May 26, 2021 Filing 44 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 California Southern on 1/8/2024.]
May 24, 2021 Opinion or Order Filing 43 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 California Southern on 1/8/2024.]
December 4, 2018 Opinion or Order Filing 42 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 California Southern on 1/8/2024.]
August 23, 2018 Opinion or Order Filing 41 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 California Southern on 1/8/2024.]
June 4, 2018 Opinion or Order Filing 40 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 California Southern on 1/8/2024.]
June 1, 2018 Opinion or Order Filing 39 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 California Southern on 1/8/2024.]
May 23, 2018 Opinion or Order Filing 38 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 California Southern on 1/8/2024.]
March 29, 2018 Opinion or Order Filing 37 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 California Southern on 1/8/2024.]
March 29, 2018 Opinion or Order Filing 36 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 California Southern on 1/8/2024.]
June 19, 2017 Opinion or Order Filing 35 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 California Southern on 1/8/2024.]
June 9, 2017 Opinion or Order Filing 34 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 California Southern on 1/8/2024.]
May 5, 2017 Opinion or Order Filing 33 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 California Southern on 1/8/2024.]
March 15, 2017 Opinion or Order Filing 32 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 California Southern on 1/8/2024.]
March 9, 2017 Filing 31 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 California Southern on 1/8/2024.]
March 9, 2017 Opinion or Order Filing 30 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 California Southern on 1/8/2024.]
March 9, 2017 Opinion or Order Filing 29 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 California Southern on 1/8/2024.]
March 9, 2017 Opinion or Order Filing 28 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 California Southern on 1/8/2024.]
March 9, 2017 Opinion or Order Filing 27 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 California Southern on 1/8/2024.]
March 7, 2017 Opinion or Order Filing 26 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 California Southern on 1/8/2024.]
March 6, 2017 Opinion or Order Filing 25 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 California Southern on 1/8/2024.]
March 6, 2017 Opinion or Order Filing 24 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 California Southern on 1/8/2024.]
March 1, 2017 Opinion or Order Filing 23 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 California Southern on 1/8/2024.]
March 1, 2017 Opinion or Order Filing 22 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 California Southern on 1/8/2024.]
February 9, 2017 Opinion or Order Filing 21 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 California Southern on 1/8/2024.]
February 9, 2017 Opinion or Order Filing 20 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 California Southern on 1/8/2024.]
January 25, 2017 Opinion or Order Filing 19 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 California Southern on 1/8/2024.]
January 25, 2017 Opinion or Order Filing 18 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 California Southern on 1/8/2024.]
January 25, 2017 Opinion or Order Filing 17 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 California Southern on 1/8/2024.]
January 25, 2017 Opinion or Order Filing 16 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 California Southern on 1/8/2024.]
January 11, 2017 Opinion or Order Filing 15 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 California Southern on 1/8/2024.]
January 6, 2017 Opinion or Order Filing 14 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 California Southern on 1/8/2024.]
January 4, 2017 Filing 13 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 California Southern on 1/8/2024.]
December 22, 2016 Opinion or Order Filing 12 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 California Southern on 1/8/2024.]
September 13, 2016 Opinion or Order Filing 11 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 California Southern on 1/8/2024.]
September 13, 2016 Opinion or Order Filing 10 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 California Southern on 1/8/2024.]
September 1, 2016 Opinion or Order Filing 9 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 California Southern on 1/8/2024.]
August 24, 2016 Opinion or Order Filing 8 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 California Southern on 1/8/2024.]
August 22, 2016 Filing 6 Case transferred in from District of Texas Northern; Case Number 3:16-cv-02204. Original file received electronically (kas) [Transferred from California Southern on 1/8/2024.]
August 19, 2016 Filing 7 Judge John A. Houston and Magistrate Judge Bernard G. Skomal assigned to transfer case from Northern District of Texas. (no document attached) (kas) [Transferred from California Southern on 1/8/2024.]
August 18, 2016 Filing 5 Conditional Transfer Order (CTO-91): The JPML has issued the attached order in MDL 2295, and that order has now been filed in the Southern District of California. (trk) [Transferred from Texas Northern on 8/22/2016.] [Transferred from California Southern on 1/8/2024.]
July 29, 2016 Filing 4 Summons Issued as to Portfolio Recovery Associates LLC. (aaa) [Transferred from Texas Northern on 8/22/2016.] [Transferred from California Southern on 1/8/2024.]
July 29, 2016 Filing 3 New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Ramirez). Clerk to provide copy to plaintiff if not received electronically. (aaa) [Transferred from Texas Northern on 8/22/2016.] [Transferred from California Southern on 1/8/2024.]
July 29, 2016 Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Larry Harrington. (Miltenberger, Chris) [Transferred from Texas Northern on 8/22/2016.] [Transferred from California Southern on 1/8/2024.]
July 29, 2016 Filing 1 COMPLAINT WITH JURY DEMAND against Portfolio Recovery Associates LLC filed by Larry Harrington. (Filing fee $400; Receipt number 0539-7761835) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s), #2 Cover Sheet) (Miltenberger, Chris) [Transferred from Texas Northern on 8/22/2016.] [Transferred from California Southern on 1/8/2024.]

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Plaintiff: Larry Harrington
Represented By: Chris R Miltenberger
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Defendant: Portfolio Recovery Associates LLC
Represented By: Eugene Xerxes Martin, IV
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