Christine

Need help compelling discovery from Midland Funding (FCRA)

Recommended Posts

I got NOTHING but boilerplate objections from Midland Funding and MCM, not a single document or meaningful response and they denied my requests for admission without explaining why or providing any supporting docs for their denials.

 

My 7/8 email to one of their attorneys got no reply and we just received a new case management order, requiring a joint motion not exceeding 3 pages re. discovery disputes.  So I just requested their portion of the motion by Monday so we can file it on Tuesday.

 

Can't afford the NCLC FCRA manual right now and don't know where to begin.  Only have about 1 page for my side of the dispute and I doubt that any attorney has ever had to argue this as Midland would be sanctioned if they pulled this crap on an attorney and they'd have to pay his fees for the motion.  Of course I get nothing but stress and mental anguish.

 

Anyway, appreciate any suggestions for my 1 page to the new judge.  I bet he'll be thrilled.

Share this post


Link to post
Share on other sites

Would need a little bit more information,  What information are you trying to obtain from them?

 

Pretty standard requests, all docs relating to my accounts and credit reporting.  I'll post their actual responses tonight, but for now I posted the protective order and our emails since Friday. 

 

I've seen protective orders before, but nothing like this:

 

http://creditsuit.org/blog/2014/07/15/midland-funding-demands-protective-order-prior-to-providing-any-docs/

Share this post


Link to post
Share on other sites

Does anyone have the case(s) stating that a pro se litigant's work product is not subject to discovery?

 

Have to respond to their discovery requests by tomorrow.

Share this post


Link to post
Share on other sites

Of Interest:

 

http://www.gpo.gov/fdsys/pkg/USCOURTS-ksd-2_07-cv-02331/pdf/USCOURTS-ksd-2_07-cv-02331-0.pdf

 

Check This:

 

ARIZONA

 

State Court Rules

 

      Arizona Supreme Court Rule 123. Public Access to the Judicial Records of the State of Arizona. Summary: Governs public access to judicial records generally. Generally mandates that public records such as Court records be kept open, with some exceptions for, e.g., financial account information, work product, some juvenile & criminal records. Procedure: Court must state reason for sealing.

      Arizona Rules of Civil procedure, Rule 26©. Protective Orders. Summary: Subsection (2) establishes the standard for any order “in any way restricting a party or person from disclosing information or materials produced in discovery to a person who is not a party to the litigation in which the information or materials are being discovered or denying an intervener's request for access to such discovery materials.” Procedure: The party seeking confidentiality must show why a confidentiality order should be entered or continued; the party or intervener opposing confidentiality must show why a confidentiality order should be denied in whole or part, modified or vacated. The burden is on the proponent of confidentiality. The court is required to make findings of fact on any relevant factors, including any possible risk to the public health, safety or financial welfare to which the information or materials in question may relate or reveal. Any order restricting release of the information or materials to nonparties or interveners must use the least restrictive means to maintain needed confidentiality.

 

Federal District Court Local Rules

 

      District of Arizona Local Rule 1.3. Custody and Disposition of Exhibits and Sealed Documents. Summary: A document filed under seal in an action for which no trial commenced will be unsealed and eligible for destruction twenty-three years from the date of final judgment or final disposition. A document filed under seal in an action for which a trial commenced or an action was consolidated will be unsealed twenty-three years from the date final judgment or final disposition was entered and will remain stored as a permanent record. The rule does not apply to: documents placed under seal in a case in which final judgment or final disposition occurred prior to 1990; sexual abuse cases; or juvenile cases, unless the record has been expunged.

 

Google Scholar:

http://scholar.google.com/scholar?q=+Motion+to+Compel+++Arizona&btnG=&hl=en&as_sdt=4%2C3%2C135&as_vis=1

Share this post


Link to post
Share on other sites

Thanks, that's quite helpful, much appreciate your info. 

You may have noticed how different the protective orders are.  Midland's atty Gabriel refused to answer my questions, so I just informed her that I won't be signing it, they'll file their motion for protective order and they'll provide me with their portion of the joint motion re. the discovery dispute.   

 

I'll have to do a lot more reading on federal rules and local federal rules.

Share this post


Link to post
Share on other sites

Victor, I contacted EVERY AZ NACA attorney twice when I was sued by Acarta and Midland, but nobody would represent me.   Ended up prevailing in both cases (3 years of litigation including successful appeal to the AZ court of appeals) and for the last year I've been suing Midland, MCM and their attorneys.

 

It looks like I just don't have the resources (time and money) to be able to prevail against them.

Share this post


Link to post
Share on other sites

Maybe you could write your own protective order in rebute.  State the information will only be used for your litigation, and can be filied under seal.  Make it simple.  I personally feel they don't want any of this case to be public knowledge, as it would help others if they went after them.  You could use it as your response to their motion. Let the judge decide, looks like there is some good reference that Huey posted.

Share this post


Link to post
Share on other sites

@Christine

 

Did you dispute Midland's entry with the credit reporting agencies?   Or did you only dispute it with Midland?

Share this post


Link to post
Share on other sites

Maybe you could write your own protective order in rebute.  State the information will only be used for your litigation, and can be filied under seal.  Make it simple.  I personally feel they don't want any of this case to be public knowledge, as it would help others if they went after them.  You could use it as your response to their motion. Let the judge decide, looks like there is some good reference that Huey posted.

 

Well, as you mention, they don't want this case and their business practices to be publicized.  However, that IS the primary purpose of this litigation.  I know that I'll never "win", but if I can find the time to make this THE case to get consumer laws enhanced and/or regulators to step in, I'll be very happy.

 

I don't want a protective order, I want the docs for the world to see and they have yet to provide me with a single example of what they want to protect and why they want to protect it.

 

I keep asking for their portion of the joint discovery dispute motion and they send me idiotic questions regarding the protective order, claiming that they don't understand my questions.

 

Has anyone actually READ their proposed protective order?   Since they won't explain to me how this works, can you or anyone else explain it?

 

Must have spent at least 25 hours on my discovery responses to them (due today) and I'm beat.

Share this post


Link to post
Share on other sites

I read the protective order. It gave me the impression that they are not going to participate in any form of discovery, because they may lose. If they make the protective stipulation confusing enough for you, anything you ask for would be proprietary and confidential, therefore they won't need to disclose it if you signed that protective order.

You sent out your meet and confer, don't wait for them to file it, just file the compel motion before they can file the protective order.

I know that I'll never "win", No you don't know that, and don't sell yourself short. We have a passion and drive to learn our rules they don't. They don't know them, they just know how to find them, or have resources we don't have. You study hard, and you absolutely can win. Don't sell yourself short.

  • Like 2

Share this post


Link to post
Share on other sites

I don't want a protective order, I want the docs for the world to see and they have yet to provide me with a single example of what they want to protect and why they want to protect it.

 

Until a court compels them to they do not have to provide you with ANYTHING. 

 

Unfortunately you have chose to try to climb Mt. Everest on this one without an oxygen supply.  EVERY business has a legal right to keep internal proprietary information that could harm their business and to keep their practices private.  You are going to have to come up with case law AND reasons that this is necessary to your case in order to not only over come this protective order but to get a court to compel them to produce the documents at all.

 

What you "want" isn't relevant.  What you can prove to the court is necessary and material to your lawsuit IS.

  • Like 1

Share this post


Link to post
Share on other sites

I read the protective order. It gave me the impression that they are not going to participate in any form of discovery, because they may lose. If they make the protective stipulation confusing enough for you, anything you ask for would be proprietary and confidential, therefore they won't need to disclose it if you signed that protective order.

You sent out your meet and confer, don't wait for them to file it, just file the compel motion before they can file the protective order.

I know that I'll never "win", No you don't know that, and don't sell yourself short. We have a passion and drive to learn our rules they don't. They don't know them, they just know how to find them, or have resources we don't have. You study hard, and you absolutely can win. Don't sell yourself short.

 

I totally agree with you about the protective order and I should just file my motion to compel.   It truly sucks that my day has only 24 hours and I don't have that "fixed income" that so many of retired neighbors complain about.  I sure wish I had the NCLC FCRA manual, but the FDCPA manual has some discovery material too, so maybe that'll help.

 

Appreciate your feedback!

Share this post


Link to post
Share on other sites

Paramountlaw, you made an excellent points and that's what I mean by not being able to "win."  A consumer without an attorney can't win because the financial and emotional damages of fighting these bastards is completely ignored.   I think that all consumer protection laws need to be significantly enhanced and this case proves it.

 

I'm not looking for damages due to declines, but because I've been in court with Midland for 2 years now.    For Acarta it was 3 years and I got $1001 -- what a joke!

 

Back in the early 2000s few creditors or collectors were stupid enough to not delete the accounts as soon as they got sued.  In fact, this forum is full of sue for deletion type stuff.  I also find that there is absolutely NO regulatory enforcement and the big corporations like CRAs, the too big to fail banks and major debt buyers like Encore / Midland couldn't care less about the law.  Their strategy is to ensure that debtors can learn from my cases -- just pay up and don't bother complaining about credit reporting. 

 

Consider that Midland sued for less that $4,000 and at only $10/hr, it cost me MUCH MORE to get the case dismissed just in time.  Not to mention the stress and the fact that my roommate moved out because I was not in a good mood.  So why should anyone consumer bother to fight them?

 

Also, I have made a LOT of bad case law.  However, due to my failed and highly publicized litigation, class actions were filed and Capital One DID finally report the credit limits.  I know I've made a difference before and I hope that someone will take my stuff and run with it.  I'm not happy that the class action lawyers make millions and we get NOTHING (except for worthless fako scores or credit monitoring, etc.)

 

It is frustrating that I'm always the ONLY person putting up a fight and sharing my experiences.  Litigation is so EASY when you have sample filings, but I don't even have an AZ or at least 9th circuit case to pull filings from. (Update:  found a case against Encore in VA with discovery disputes, so that's a good start.)

 

And, Midland now has until next Friday to review my discovery responses and to submit their portion of the discovery motion.  They wore me out, all week, idiotic emails every day, making me angry. I need a few days to organize my files and upload filings.

Share this post


Link to post
Share on other sites

It's been almost 2 months ... very busy. Judge Logan was very kind and actually denied the Midland motion for protective order before I got to submit my opposition. People like "Clydesmom" shouldn't be allowed to post here at all, she is clearly working for the OTHER side.

I had asked Midland several times to submit the discovery motion to the judge, and they kept promising docs. It wasn't until the eve before the 8/19 settlement conference that Midland finally provided some documentation and as expected, it proves that Midland reported an incorrect DLA to Equifax. They STILL refuse to correct the reporting.

As expected, the settlement conference was a sham. Midland and Equifax refused to reschedule it again, so I had to waste a few hundred dollars and two days to travel to Phoenix while the defendants attended by phone and only their local counsel was present.

FYI, Midlands local attorney is William Fife and that's noteworthy because he also is a bankruptcy lawyer. From http://www.williamfifelaw.com/:

Our attorney will help you review your bankruptcy options and the benefits that you may receive from filing. As a debt relief agency, our priority is to help you put your unpaid bills and expenses behind you.

He even offers "credit restoration" and he fails to disclose that he represents debt buyers. And of all the attorneys I've dealt with, he is one of the most unpleasant people I've met. Recently IGNORED an email regarding amendment of my complaint for a week. Very UNprofessional!

I don't even understand how he can represent consumers while simultaneously representing debt buyers, seems like a conflict of interest to me if a consumer looking for bankruptcy has a Midland account.

Anyway, I'm currently working on amending my complaint to join Trans Union as Midland continues to deny incorrect reporting and we didn't settle.

I'm also asking to extend the discovery deadlines, Equifax hasn't even provided its initial disclosures yet. I'd love to depose Dominique Williams, the Midland rep who signed their obviously false discovery responses. I can't afford to pay for depositions, but maybe some people will chip in a few bucks and I set up a GoFundMe page. I'll let the people vote on where I'll take this.

I'm going to try to upload the discovery docs, but it's a lot of work redacting since so many docs have my personal info.

Hopefully soon ...

  • Like 1

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.