Kittelson
Kittelson v. Midland Credit Management, Inc.
Opinion
trial_court Opinion
I. BACKGROUND
26 On August 2, 2024, Plaintiff Kristy Kittelson (“Kittelson”) filed the instant 27 action against Defendant Midland Credit Management, Inc. (“Midland”) asserting 1 “FDCPA”). (Complaint at 1-9). Plaintiff claims that Midland communicated with 2 Plaintiff after notice that Plaintiff was represented by counsel, Midland 3 communicated with Plaintiff after Plaintiff provided a cease and desist from further 4 communications, Midland made a false representation of the name of the creditor to 5 whom the alleged debt was owed, thereby collecting a debt not owed to Midland, and 6 Midland communicated with third-parties without Plaintiff’s prior consent. 7 On January 2, 2025, Plaintiff filed a request for entry of a Clerk’s Default 8 against Midland due to Midland or its counsel’s failure to appear and on January 3, 9 2025, the Clerk of the Court entered a Clerk’s Default against Midland. [ECF Nos. 4, 10 5.] 11 On January 13, 2025, Plaintiff filed a request to file a motion for final default 12 judgment [ECF No. 6], and Defense attorneys Thomas Landers, Esq. and Ethan B. 13 Shakoori, Esq. filed notices of appearance and an ex parte motion to set aside…