Davis v. Midland Funding, LLC et al

Filing 61

ORDER signed by Judge Kimberly J. Mueller on 2/25/2015 ORDERING 60 Plaintiff's application for entry of judgment is GRANTED; Plaintiff may recover against defendants jointly and severally, in the sum of $12,000.00, together with interest thereon at the judgment rate until paid; Plaintiff may recover against defendants jointly and severally, in an amount to be agreed to by counsel for the parties or, failing agreement, in an amount to be determined by the court, for the reasonable cos ts and reasonable attorneys fees incurred in representing plaintiff in this matter; Plaintiff shall submit a motion for attorneys' fees and costs to the court within 30 days of entry of this judgment; Thereafter, defendants may submit their oppo sition or statement of non-opposition within 14 days after the filing of plaintiff's motion; Thereafter, plaintiff may submit his reply within 7 days after the defendant's response, at which time the matter will be submitted. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LARRY DEAN DAVIS,

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Plaintiff,

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No. 2:13-CV-02316 KJM CKD

v.

ORDER

MIDLAND CREDIT MANAGEMENT
INC., et al.,
Defendants.

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Having considered defendants’ Offer of Judgment under Federal Rule of Civil

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Procedure 68 and plaintiff’s acceptance of that Offer of Judgment (ECF No. 59), plaintiff’s

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application for entry of judgment is GRANTED.

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Consistent with the terms of the agreement, the court orders:

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1.

Plaintiff may recover against defendants Midland Funding, LLC; Midland

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Credit Management, Inc.; The Brachfeld Law Group; and Erica Lynn Brachfeld, jointly and

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severally, in the sum of $12,000.00, together with interest thereon at the judgment rate until paid.
2.

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Plaintiff may recover against defendants Midland Funding, LLC; Midland

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Credit Management, Inc.; The Brachfeld Law Group; and Erica Lynn Brachfeld, jointly and

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severally, in an amount to be agreed to by counsel for the parties or, failing agreement, in an

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amount to be determined by the court, for the reasonable costs and reasonable attorneys’ fees

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incurred in representing plaintiff in this matter.

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3.

Plaintiff shall submit a motion for attorneys’ fees and costs to the court

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within 30 days of entry of this judgment. Thereafter, defendants may submit their opposition or

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statement of non-opposition within 14 days after the filing of plaintiff’s motion. Thereafter,

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plaintiff may submit his reply within 7 days after the defendant’s response, at which time the

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matter will be submitted.

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IT IS SO ORDERED.
DATED: February 25, 2015.

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UNITED STATES DISTRICT JUDGE

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