Advanced Pleadings Search

doc pdf

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

doc pdf

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

docx pdf

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

docx pdf

Tenants Memorandum in Support of Summary Judgment Asserting a Wrongful Eviction Violated the FDCPA (May 16, 2013)

pdf

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)

doc pdf

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

doc pdf

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

doc pdf

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

doc pdf

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

doc pdf

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

doc pdf

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

doc pdf

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

docx pdf

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

docx pdf

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.

pdf

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

pdf

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

pdf

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

docx pdf

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

docx pdf

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

pdf

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

docx pdf

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

pdf

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)

doc pdf

Summary Judgment Reply Memo re Threat to Attach Wages Prior to Judgment

doc pdf

Deposition Scheduling Correspondence re Abusive Debt Collection Campaign

doc pdf

Amicus Brief re Collecting Retailer's Unpaid Checks

doc pdf

Deposition of Debt Buyer

doc pdf

Amicus Brief Opposing Imposition of Defendants' Attorney Fees on Consumer's Attorney under the FDCPA and Rule 11

docx pdf

Plaintiff's Third Discovery Request re Abusive Debt Collection Calls Focused on Complaints about the Defendant's Debt Collection Activities

doc pdf

Discovery re Attorney Who Allowed Collector to Use Attorney's Name

doc pdf

Summary Judgment Memo re Attorney Who Allowed Collector to Use Attorney's Name

doc pdf

Appellate Brief re Attorney Who Allowed Collector to Use Attorney's Name

doc pdf

Motion and Memo to Compel Discovery re FDCPA

doc pdf

Appellate Brief Arguing that FDCPA Does Not Require Intentional Conduct

doc pdf

Appellate Brief re Collecting Illegal Charges and FDCPA Bona Fide Error Defense

doc pdf

Opposition to Summary Judgment re Offer of Judgment Does Not Moot FDCPA Class Action

doc pdf

Discovery re Harassment and Unauthorized Practice of Law under FDCPA

doc pdf

Summary Judgment Memo re Harassment and Unauthorized Practice of Law under FDCPA

doc pdf

Motion, Affidavit, and Reply Memo for Attorney Fees re Harassment and Unauthorized Practice of Law under FDCPA

doc pdf

Class Complaint re Confusing Debt Validation Notice

doc pdf

Class Certification Motion and Memo re Confusing Debt Validation Notice

doc pdf

Opposition to Summary Judgment re Confusing Debt Validation Notice

doc pdf

Summary Judgment Motion and Memo re Confusing Debt Validation Notice

doc pdf

Summary Judgment Pleadings re Collection from Unobligated Spouse in Distant Forum

doc pdf

Appellate Brief re Taxation of Costs to Consumer who Lost FDCPA Suit

doc pdf

Appellate Brief re Prejudgment Garnishment

doc pdf

Expert Report Regarding Intentionality of FDCPA Violations and Expert Testimony re FDCPA Damages

doc pdf

Expert Qualifications and Response to Attempt to Preclude Testimony on FDCPA Damages

doc pdf

Motion, Memo, and Reply Memo to Compel Discovery Despite Claims of Confidentiality

doc pdf

Class Complaint re Collection of Time Barred Debt

doc pdf

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 in Support of Summary Judgment Asserting a Wrongful Eviction Violated the FDCPA (May 16, 2013)

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)

Summary Judgment Reply Memo re Threat to Attach Wages Prior to Judgment

Deposition Scheduling Correspondence re Abusive Debt Collection Campaign

Amicus Brief re Collecting Retailer's Unpaid Checks

Deposition of Debt Buyer

Amicus Brief Opposing Imposition of Defendants' Attorney Fees on Consumer's Attorney under the FDCPA and Rule 11

Plaintiff's Third Discovery Request re Abusive Debt Collection Calls Focused on Complaints about the Defendant's Debt Collection Activities

Discovery re Attorney Who Allowed Collector to Use Attorney's Name

Summary Judgment Memo re Attorney Who Allowed Collector to Use Attorney's Name

Appellate Brief re Attorney Who Allowed Collector to Use Attorney's Name

Motion and Memo to Compel Discovery re FDCPA

Appellate Brief Arguing that FDCPA Does Not Require Intentional Conduct

Appellate Brief re Collecting Illegal Charges and FDCPA Bona Fide Error Defense

Opposition to Summary Judgment re Offer of Judgment Does Not Moot FDCPA Class Action

Discovery re Harassment and Unauthorized Practice of Law under FDCPA

Summary Judgment Memo re Harassment and Unauthorized Practice of Law under FDCPA

Motion, Affidavit, and Reply Memo for Attorney Fees re Harassment and Unauthorized Practice of Law under FDCPA

Class Complaint re Confusing Debt Validation Notice

Class Certification Motion and Memo re Confusing Debt Validation Notice

Opposition to Summary Judgment re Confusing Debt Validation Notice

Summary Judgment Motion and Memo re Confusing Debt Validation Notice

Summary Judgment Pleadings re Collection from Unobligated Spouse in Distant Forum

Appellate Brief re Taxation of Costs to Consumer who Lost FDCPA Suit

Appellate Brief re Prejudgment Garnishment

Expert Report Regarding Intentionality of FDCPA Violations and Expert Testimony re FDCPA Damages

Expert Qualifications and Response to Attempt to Preclude Testimony on FDCPA Damages

Motion, Memo, and Reply Memo to Compel Discovery Despite Claims of Confidentiality

Class Complaint re Collection of Time Barred Debt

Deposition Notice re Collection of Time Barred Debt