Ford v. Midland Funding LLC et al

Filing 33

ORDER Requiring Supplemental Briefing. (See order for dates.) Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FRANCES FORD, individually and
on behalf of other persons similarly
situated,
Plaintiff,
v.

Case No. 16-12612
Hon. Terrence G. Berg

MIDLAND FUNDING, LLC.; MIDLAND CREDIT MANAGEMENT,
INC.; ENCORE CAPITAL GROUP
INC.; & LAW OFFICE OF MICHAEL R. STILLMAN, PC d/b/a/
THE STILLMAN LAW OFFICE
Defendants.
ORDER REQUIRING SUPPLEMENTAL BRIEFING
As stated on the record during the April 3, 2017 hearing in this case,
the parties shall submit supplemental briefing on the following:
(1) Whether there exists a contract between the parties;
(2) Whether the issue of waiver of the right to arbitrate should be
decided by this court or an arbitrator; and
(3) The legal effect, if any, of the Consumer Financial Protection Bureau Consent Order, CFPB No. 2015-CFPB-0022, on the question of
whether Defendants waived any of their rights to arbitrate under the
alleged contract.
Plaintiff’s brief is due May 1, 2017, Defendants’ responses are due
May 22, 2017, and any reply by Plaintiff is due May 29, 2017. Plaintiff’s

brief and Defendants’ responses may not exceed twenty-five (25) pages,
and Plaintiff’s reply, if any, may not exceed seven (7) pages.
In addition, Defendants shall file a legible copy of the alleged contract as soon as possible.
SO ORDERED.

Dated: April 4, 2017

s/Terrence G. Berg
TERRENCE G. BERG
UNITED STATES DISTRICT JUDGE
Certificate of Service

I hereby certify that this Order was electronically submitted on
April 4, 2017, using the CM/ECF system, which will send notification
to all parties.
s/A. Chubb
Case Manager

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