Advanced Pleadings Search

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Memo Supporting Sanctions Against Stonewalling Debt Buyer in FCRA Identity Theft Case (December 14, 2011)

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Plaintiffs Reply to Memo Supporting Sanctions Against Stonewalling Debt Buyer in FCRA Identity Theft Case (January 9, 2012)

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Memo Opposing Defendants Motion for Protective Order in FCRA Identity Theft Case (September 12, 2011)

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Reply Memo Supporting Protective Order and Sanctions Against Debt Buyer in FCRA Identity Theft Case (December 14, 2011)

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Consumers First Memo Supporting Overruling of Defendants Privilege Objections and to Compel Discovery Response in FCRA Identity Theft Case (January 5, 2012)

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Consumers Second Memo Supporting Overruling of Defendants Privilege Objections and to Compel Discovery Response in FCRA Identity Theft Case (March 7, 2012)

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Consumers Memorandum Supporting Motion to Compel Debt Collectors Production of Employee Records and Prior Complaints of Abusive Collection Practices (April 8, 2010)

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Deposition Notice of Witness Presenting Debt Collectors Records and Procedures in TCPA Case (2012)

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Plaintiffs Fourth Discovery Request re Abusive Debt Collection Calls Filed after Removal to Federal Court (September 23, 2009)

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Consumers Opposition to Debt Buyer's Motion to Dismiss in Identity Theft FCRA Case (October 7, 2011)

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Opposition to Motion to Dismiss by an Asserted Servicer of One Mortgage in Foreclosure Case (October 10, 2012)

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Opposition to Motion to Dismiss by a Purported Assignee of the Mortgages in Foreclosure Case (October 10, 2012)

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Opposition to Motion to Dismiss by Foreclosure Attorney in Foreclosure Case (October 10, 2012)

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Brief of Consumer in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

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Consumers Statement of Material Facts in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

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Clients Certification in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

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Reply Brief in Support of Consumers Motion for Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 26, 2011)

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Memorandum Arguing Malicious Prosecution Claim Against Collection Lawyers (November 21, 2008)

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Memorandum Supporting Summary Judgment for Debt Collectors Callback Messages Left with Third Parties (February 16, 2010)

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Consumers Memorandum in Support of Summary Judgment in FDCPA Suit on Time-Barred Debt (April 16, 2012)

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Summary Judgment Reply Memorandum in FDCPA Suit on Time-Barred Debt (June 8, 2012)

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Memorandum Arguing Against Preemption in Case Against Mortgage Servicer That Ignored Modification Agreement (February 18, 2011)

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Tenants Memorandum Opposing the Landlords Motion for Summary Judgment and Reply to the Landlords Memorandum Opposing the Tenants Motion for Summary Judgment in Wrongful Eviction Case (June 6, 2013)

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Opposition to Summary Judgment for Debt Collectors Autodialing Cell Phones (March 12, 2010)

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Motion in Limine to Permit Exhibits in FDCPA Trial Against Debt Buyer (July 18, 2011)

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Motion in Limine to Preclude Reference to Settlement Negotiations in FDCPA Debt Buyer Trial (July 18, 2011)

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Motion in Limine to Preclude Reference to Character in FDCPA Debt Buyer Trial (July 18, 2011)

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Motion in Limine to Preclude Relitigation of State Court Decision in FDCPA Debt Buyer Trial (July 18, 2011)

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Motion in Limine to Preclude Introduction of Assignors Business Records in FDCPA Debt Buyer Trial (July 18, 2011)

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Consumers Motion in Limine for Damages Trial After Prevailing on Summary Judgment in FDCPA Suit on Time-Barred Debt (June 18, 2012)

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Model Brief Arguing Robocalls Cause Concrete Harm to a Plaintiff (May 23, 2016)

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Opposition to Motion to Dismiss FCRA Claim Under 15 U.S.C. § 1681b(b)2, 3 (May 27, 2016)

Almost four years ago, Derrick Milbourne and Samantha Churcher first filed this action alleging that the defendant, JRK Residential America, violated the Fair Credit Reporting Act’s specific requirements governing the use of consumer reports for employment purposes. See 15 U.S.C. § 1681b(b). JRK soon filed a motion to dismiss for lack of jurisdiction, which this Court denied. See Dkt. 20. After this Court certified two classes of plaintiffs, JRK filed a summaryjudgment motion on the class claims, which this Court again denied. See Dkt. 68.

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Supplemental Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

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CFPB Amicus Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

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Brief in TIL/Mortgage Case on Impact of Spokeo (May 20, 2016)

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Brief Explaining Why Spokeo Has No Impact on TCPA Claim (May 27, 2016)

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Model Brief Arguing Understatement of Finance Charge and APR Cause Concrete Harm to Plaintiff in TILA Case (2016)

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Plaintiffs Letter on Impact of Spokeo on Dismissed FCRA / FACTA Case (June 10, 2016)

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Plaintiffs Memo Opposing Reconsideration in Light of Spokeo in FCRA Case (June 8, 2016)

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Brief of Respondent, Edwards v. First Am. Corp, No. 10-708 (U.S. Sup. Ct. Oct. 2011), Cert. Dismissed, 132 S. Ct. 2536 (October 2011)

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Supplemental Brief on Standing in Light of Spokeo in Consumer Privacy Case (In re Nickelodeon) (June 3, 2016)

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Supplemental Brief on Standing in Light of Spokeo in Electronic Privacy Case (Matera v. Google) (June 1, 2016)

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Amicus Brief Supporting Claim Under FHA, ADA, and Rehabilitation Act, Hardaway v. D.C. Housing Authority (D.C. Cir. May 20, 2016)

Amicus Brief in Support of Plaintiff-Appellants' Claim Under FHA, ADA, and Rehabilitation Act (May 20, 2016)

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Appellant Reply Brief re Standing, Storm v. Paytime, Inc. (3d Cir. May 31, 2016)

Appellant Reply Brief Opposing Appellee's Brief Alleging Lack of Standing in a Breach of Contract Claim (May 31, 2016)

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Supplemental Brief re Spokeo, Strubel v. Comenity Bank (2d Cir. June 13, 2016)

Plaintiffs Supplemental Brief re Spokeo in Dismissed FCBA Case (June 13, 2016)

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CFPB Amicus Brief Supporting Standing, Strubel v. Comenity Bank (2d Cir. June 13, 2016)

CFPB Amicus Brief Supporting Plaintiffs Standing in Dismissed FCBA Case (June 13, 2016)

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Sample Trial Brief (August 23, 2011)

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Sample Pretrial Order (March 11, 2011)

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Draft Pre-Trial Order in FDCPA Statute of Limitations Trial Against Debt Buyer (December 1, 2010)

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Memo Supporting Sanctions Against Stonewalling Debt Buyer in FCRA Identity Theft Case (December 14, 2011)

Plaintiffs Reply to Memo Supporting Sanctions Against Stonewalling Debt Buyer in FCRA Identity Theft Case (January 9, 2012)

Memo Opposing Defendants Motion for Protective Order in FCRA Identity Theft Case (September 12, 2011)

Reply Memo Supporting Protective Order and Sanctions Against Debt Buyer in FCRA Identity Theft Case (December 14, 2011)

Consumers First Memo Supporting Overruling of Defendants Privilege Objections and to Compel Discovery Response in FCRA Identity Theft Case (January 5, 2012)

Consumers Second Memo Supporting Overruling of Defendants Privilege Objections and to Compel Discovery Response in FCRA Identity Theft Case (March 7, 2012)

Consumers Memorandum Supporting Motion to Compel Debt Collectors Production of Employee Records and Prior Complaints of Abusive Collection Practices (April 8, 2010)

Deposition Notice of Witness Presenting Debt Collectors Records and Procedures in TCPA Case (2012)

Plaintiffs Fourth Discovery Request re Abusive Debt Collection Calls Filed after Removal to Federal Court (September 23, 2009)

Consumers Opposition to Debt Buyer's Motion to Dismiss in Identity Theft FCRA Case (October 7, 2011)

Opposition to Motion to Dismiss by an Asserted Servicer of One Mortgage in Foreclosure Case (October 10, 2012)

Opposition to Motion to Dismiss by a Purported Assignee of the Mortgages in Foreclosure Case (October 10, 2012)

Opposition to Motion to Dismiss by Foreclosure Attorney in Foreclosure Case (October 10, 2012)

Brief of Consumer in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

Consumers Statement of Material Facts in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

Clients Certification in Support of Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 13, 2018)

Reply Brief in Support of Consumers Motion for Summary Judgment in Debt Collection Suit Against the Wrong Consumer (July 26, 2011)

Memorandum Arguing Malicious Prosecution Claim Against Collection Lawyers (November 21, 2008)

Memorandum Supporting Summary Judgment for Debt Collectors Callback Messages Left with Third Parties (February 16, 2010)

Consumers Memorandum in Support of Summary Judgment in FDCPA Suit on Time-Barred Debt (April 16, 2012)

Summary Judgment Reply Memorandum in FDCPA Suit on Time-Barred Debt (June 8, 2012)

Memorandum Arguing Against Preemption in Case Against Mortgage Servicer That Ignored Modification Agreement (February 18, 2011)

Tenants Memorandum Opposing the Landlords Motion for Summary Judgment and Reply to the Landlords Memorandum Opposing the Tenants Motion for Summary Judgment in Wrongful Eviction Case (June 6, 2013)

Opposition to Summary Judgment for Debt Collectors Autodialing Cell Phones (March 12, 2010)

Motion in Limine to Permit Exhibits in FDCPA Trial Against Debt Buyer (July 18, 2011)

Motion in Limine to Preclude Reference to Settlement Negotiations in FDCPA Debt Buyer Trial (July 18, 2011)

Motion in Limine to Preclude Reference to Character in FDCPA Debt Buyer Trial (July 18, 2011)

Motion in Limine to Preclude Relitigation of State Court Decision in FDCPA Debt Buyer Trial (July 18, 2011)

Motion in Limine to Preclude Introduction of Assignors Business Records in FDCPA Debt Buyer Trial (July 18, 2011)

Consumers Motion in Limine for Damages Trial After Prevailing on Summary Judgment in FDCPA Suit on Time-Barred Debt (June 18, 2012)

Model Brief Arguing Robocalls Cause Concrete Harm to a Plaintiff (May 23, 2016)

Opposition to Motion to Dismiss FCRA Claim Under 15 U.S.C. § 1681b(b)2, 3 (May 27, 2016)

Supplemental Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

CFPB Amicus Brief in FDCPA Case on Article III Standing in Light of Spokeo (June 3, 2016)

Brief in TIL/Mortgage Case on Impact of Spokeo (May 20, 2016)

Brief Explaining Why Spokeo Has No Impact on TCPA Claim (May 27, 2016)

Model Brief Arguing Understatement of Finance Charge and APR Cause Concrete Harm to Plaintiff in TILA Case (2016)

Plaintiffs Letter on Impact of Spokeo on Dismissed FCRA / FACTA Case (June 10, 2016)

Plaintiffs Memo Opposing Reconsideration in Light of Spokeo in FCRA Case (June 8, 2016)

Brief of Respondent, Edwards v. First Am. Corp, No. 10-708 (U.S. Sup. Ct. Oct. 2011), Cert. Dismissed, 132 S. Ct. 2536 (October 2011)

Supplemental Brief on Standing in Light of Spokeo in Consumer Privacy Case (In re Nickelodeon) (June 3, 2016)

Supplemental Brief on Standing in Light of Spokeo in Electronic Privacy Case (Matera v. Google) (June 1, 2016)

Amicus Brief Supporting Claim Under FHA, ADA, and Rehabilitation Act, Hardaway v. D.C. Housing Authority (D.C. Cir. May 20, 2016)

Appellant Reply Brief re Standing, Storm v. Paytime, Inc. (3d Cir. May 31, 2016)

Supplemental Brief re Spokeo, Strubel v. Comenity Bank (2d Cir. June 13, 2016)

CFPB Amicus Brief Supporting Standing, Strubel v. Comenity Bank (2d Cir. June 13, 2016)

Sample Trial Brief (August 23, 2011)

Sample Pretrial Order (March 11, 2011)

Draft Pre-Trial Order in FDCPA Statute of Limitations Trial Against Debt Buyer (December 1, 2010)

Plaintiffs Contentions of Fact in FDCPA Statute of Limitations Trial Against Debt Buyer (July 18, 2011)