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Blandina v. Midland Funding, LLC

United States District Court, E.D. Pennsylvania

December 4, 2014

VIOLET P. BLANDINA, on behalf of herself and all others similarly situated, Plaintiff
v.
MIDLAND FUNDING, LLC, et al., Defendants

For VIOLET P. BLANDINA, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, Plaintiff: DAVID A. SEARLES, LEAD ATTORNEY, JAMES A. FRANCIS, FRANCIS & MAILMAN, P.C., PHILADELPHIA, PA; CARLO SABATINI, SABATINI LAW FIRM LLC, DUNMORE, PA.

For MIDLAND FUNDING, LLC, MIDLAND CREDIT MANAGEMENT, INC., Defendants: ANDREW M. SCHWARTZ, LEAD ATTORNEY, RONALD M. METCHO, II, MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, PHILADELPHIA, PA; JACOB U. GINSBURG, HAINES & ASSOCIATES, PHILADELPHIA, PA.

ORDER

NITZA I QUINONES ALEJANDRO, J.

AND NOW, this 4th day of December 2014, upon consideration of Plaintiffs motion for partial summary judgment, [ECF 38], Defendants' opposition thereto, [ECF 47], Plaintiffs reply, [ECF 52], and Plaintiffs notice of supplemental authority, [ECF 53], it is hereby ORDERED that Plaintiffs motion for partial summary judgment is:

GRANTED as to the Fair Debt Collection Practices Act (" FDCPA") claims against Defendant Midland Credit Management, Inc. (" MCM"), on the issue of liability only; and,
DENIED as to the FDCPA claims against Defendant Midland Funding, LLC (" MF"), because disputed issues of material fact exist as to whether MF engaged in any acts and/or omissions in violation of the FDCPA and/or exerted any/or sufficient control over MCM to be vicariously liable for MCM's conduct.[1]

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