Williams v. Midland Credit Management, Inc.
| Morris Williams |
| Midland Credit Management, Inc. |
| 4:2024cv00110 |
| February 2, 2024 |
| US District Court for the Northern District of Texas |
| Jeffrey L Cureton |
| Mark Pittman |
| Other Statutes: Consumer Credit |
| 15 U.S.C. ยง 1681 Fair Credit Reporting Act |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 15 AMENDED COMPLAINT WITH JURY DEMAND against Midland Credit Management, Inc. filed by Morris Williams. 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. (Williams, Morris) |
| Filing 14 SUMMONS Returned Executed as to Midland Credit Management, Inc. ; served on 3/22/2024. (Williams, Morris) |
Filing 13
ELECTRONIC ORDER finding as moot #10 Motion for Leave to File as the Sur-Reply contains no information that would have changed the Court's Findings, Conclusions, and Recommendation regarding Defendant's motion to dismiss. (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/19/2024) (chmb)
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| Filing 12 NOTICE of Attorney Appearance by Daniel Durell on behalf of Midland Credit Management, Inc.. (Filer confirms contact info in ECF is current.) (Durell, Daniel) |
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Filing 11
FINDINGS, CONCLUSION, AND RECOMMENDATION REGARDING DEFENDANT's MOTION TO DISMISS PLAINTIFF'S COMPLAINT re: #5 Motion to Dismiss, filed by Midland Cr edit Management, Inc: The Court RECOMMENDS that Defendant's Motion to Dismiss Plaintiff's Complaint [doc. 5] be GRANTED IN PART in that the Court find that Plaintiff has not properly effectuated service on Defendant. The Court further recommends that Defendants Motion to Dismiss Plaintiff's Complaint [doc. 5] be DENIED IN PART in that Plaintiff be given an additional opportunity to effect and file proper proof of service on Defendant. (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/18/2024) (sre)
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| Filing 10 Emergency MOTION for Leave to File SUR-REPLY "SATISFY PROOF OF SERVICE" filed by Morris Williams (Williams, Morris) |
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Filing 9
ORDER STRIKING AND UNFILING DOCUMENT #8 Reply filed by Morris Williams due to the following deficiency: Re: #8 Reply. Under the local rules, the movant of a motion for motion to dismiss, which in this case is Defendant Midland Credit Management, Inc., is generally entitled to file the last pleading to a motion. See N.D. Tex. Loc. Civ. R. 7.1. Plaintiff must file a motion for leave to file a sur-reply to Defendant's reply. The Court notes that leave to file a sur-reply will be granted only in limited circumstances. See Lacher v. West, 147 F. Supp. 2d 538, 539 (N.D. Tex. 2001) (stating that sur-replies are highly disfavored and leave to file them should be granted only in "exceptional or extraordinary circumstances"). (Ordered by Magistrate Judge Jeffrey L. Cureton on 3/14/2024) (sre)
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| Filing 8 ***STRICKEN AND UNFILED PER #9 *** REPLY filed by Morris Williams re: #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B) (Williams, Morris) Modified on 3/15/2024 (sre). |
| Filing 7 REPLY filed by Midland Credit Management, Inc. re: #5 Motion to Dismiss. (Griffith, Camille) Modified on 3/14/2024 (sre). |
| Filing 6 Response filed by Morris Williams to #5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support exhibit A (Attachments: #1 Exhibit(s)) (Williams, Morris) Modified document title per MJ chambers on 3/8/2024 (bdb). |
| Filing 5 MOTION to Dismiss Plaintiff's Complaint and Brief in Support filed by Midland Credit Management, Inc. with Brief/Memorandum in Support. (Attachments: #1 Proposed Order)Attorney Camille Griffith added to party Midland Credit Management, Inc.(pty:dft) (Griffith, Camille) |
| Filing 4 Summons Issued as to Midland Credit Management, Inc.. (sre) |
| Filing 3 Notice and Instruction to Pro Se Party. (sre) |
| Filing 2 New Case Notes: A filing fee has been paid. CASREF case referral set (see Special Order 3). Magistrate Judge Cureton preliminarily assigned. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Judge Pittman. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Midland Credit Management, Inc. filed by Morris Williams. (Filing fee $405; Receipt number 40002579) 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. (sre) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3,4. Fri Feb 2 16:23:32 CST 2024 (crt) |
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| Plaintiff: Morris Williams | |
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| Defendant: Midland Credit Management, Inc. | |
| Represented By: | Daniel Durell |
| Represented By: | Camille Griffith |
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