Miller et al v. Midland Credit Management, Inc. et al

Filing 263

MOTION by Plaintiffs William Anderson, Marcia K Miller, William Miller, Charlane Yoways-Dawson, Unknown Aaron E. Carter, Defendants Encore Capital Group, Inc., Midland Credit Management, Inc., Midland Funding LLC. for judgment and conversion to dismissal with prejudice (Attachments: # 1 Exhibit A, # 2 Exhibit B - Proposed Order)(Adkins, Tammy)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
MARCIA MILLER, WILLIAM
MILLER, CHARLENE YOWAYSDAWSON AND WILLIAM
ANDERSON, on behalf of themselves
and all others similarly situated,
Plaintiffs,
v.
MIDLAND CREDIT MANAGEMENT,
INC., MIDLAND FUNDING, LLC, and
ENCORE CAPITAL GROUP, INC.,
formerly MCM CAPITAL GROUP, INC.
Defendants.

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Case No. 08-C-780
Magistrate Judge Ashman

JOINT MOTION FOR CONVERSION TO DISMISSAL WITH PREJUDICE
Plaintiffs Marcia Miller, William Miller, Charlene Yoways-Dawson and William
Anderson (“Plaintiffs”) and Defendants Midland Credit Management, Inc., Midland Funding,
LLC, and Encore Capital Group, Inc. (collectively “Defendants”), by their undersigned
attorneys, move this Court for an Order dismissing the claims of the Plaintiffs and the Class
against Defendants and the Released Parties to a dismissal with prejudice. In support of this
unopposed motion, the parties state as follows:

1.

On March 1, 2011, this Court entered a Final Approval Order approving the class

settlement and dismissing the above-captioned case without prejudice.
2.

According the Paragraph 12 of the Final Approval Order, Defendants were

required to file a Notice of Compliance after it had complied with its obligations to distribute the
payments as set forth in the Settlement Agreement, at which time the case would be converted to
a dismissal with prejudice.
3.

On April 12, 2011, Defendants filed a Notice of Compliance, attesting to the fact

that it had discharged its obligations under the Settlement Agreement by depositing all
Settlement Funds with the third-party Claims Administrator for distribution according to the
terms of the Settlement Agreement and the Final Approval Order. A copy of the Notice of
Compliance is attached hereto as Exhibit A.
WHEREFORE, the parties respectfully request that this Court enter the attached Final
Judgment (see Exhibit B), converting the Final Approval Order to a dismissal with prejudice, and
enter such other relief as this Court deems necessary and appropriate.
Dated: April 12, 2011

Respectfully Submitted,

MARCIA MILLER, WILLIAM
MILLER, CHARLENE YOWAYSDAWSON and WILLIAM ANDERSON

MIDLAND CREDIT MANAGEMENT,
INC., MIDLAND FUNDING, LLC, and
ENCORE CAPITAL GROUP, INC.

By:

By:

s/ Cassandra P. Miller
Daniel A. Edelman
Cathleen M. Combs
James O. Latturner
Cassandra P. Miller
Edelman, Combs, Latturner &
Goodwin, LLC
120 South LaSalle St., 18th Floor
Chicago, IL 60603
[phone]
[e-mail]
[e-mail]
[e-mail]

/s/ Tammy L. Adkins
David L. Hartsell
Tammy L. Adkins
McGUIREWOODS LLP
77 W. Wacker Drive, Ste. 4100
Chicago, Illinois 60601-1815
[phone]
[phone] (fax)
[e-mail]
[e-mail]

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CERTIFICATE OF SERVICE
I, Tammy L. Adkins, hereby certify that on April 12, 2011, I filed the foregoing
document with the Clerk of the Court using the CM/ECF system, which constitutes service on
below counsel, registered electronic filing users, pursuant to Fed. R. Civ. P. 5(b)(2)(D) and L.R.
5.9.
Daniel A. Edelman
Cathleen M. Combs
James O. Latturner
Cassandra P. Miller
Edelman, Combs, Latturner & Goodwin, LLC
120 South LaSalle St., 18th Floor
Chicago, IL 60603
[phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

/s/ Tammy L. Adkins

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