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)

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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 2

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