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