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Sharon K. Henggeler, On Behalf of Herself and All Others Similarly v. Brumbaugh & Quandahl

March 7, 2012

SHARON K. HENGGELER, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, AND DAVID RANDALL, ON BEHALF OF HIMSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFFS,
v.
BRUMBAUGH & QUANDAHL, P.C., LLO, KIRK E. BRUMBAUGH, MARK QUANDAHL, LIVINGSTON FINANCIAL, LLC, MIDLAND FUNDING, LLC, A FICTITIOUS NAME, AND LVNV FUNDING, LLC, DEFENDANTS.



The opinion of the court was delivered by: F.A. Gossett United States Magistrate Judge

ORDER

Plaintiffs have filed a motion (filing 50) requesting that they be granted leave to take the depositions of witnesses that Defendant Midland Funding, LLC ("Midland") proffered in support of its Motion to Stay and Compel Arbitration (filing 45). Plaintiffs' request for limited discovery will be granted, in part.

BACKGROUND

This case involves claims that Defendants violated the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692, et seq., and the Nebraska Consumer Protection Act ("NCPA"), Neb. Rev. Stat. § 59-1601, et seq.. Generally, Plaintiffs maintain that the defendants used false representations and deceptive means to collect or attempt to collect debt and that Midland violated 15 U.S.C. § 1692e(14) by using a fictitious name when attempting to collect debts from Nebraska residents. (Filing 1.)

Midland has filed a motion requesting that the court stay the case and compel arbitration, or alternatively, dismiss this action ("Motion to Stay") (filing 45). According to Midland, Plaintiff Sharon Henggeler ("Henggeler") should be forced to arbitrate this dispute because she entered into a Cardmember Agreement ("Agreement") with Chase Bank USA, N.A. ("Chase"), whose rights were subsequently assigned to Midland, and that the Agreement contained an arbitration clause. Midland argues that this ...


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