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16-1998 - SPIEGEL v. ASHWOOD FINANCIAL, INC.


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16-1998 - SPIEGEL v. ASHWOOD FINANCIAL, INC.
February 2, 2017
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ORDER granting 32 Amended Motion to Certify Class. The following class is hereby CERTIFIED: All persons similarly situated in the State of Indiana from whom Ashwood attempted to collect a delinquent consumer debt, via the same form collection letter that Ashwood sent to Spiegel from one year before the date of the Complaint to the present. (See Order.) Signed by Judge Larry J. McKinney on 2/2/2017. (LDH)
March 23, 2017
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ORDER - The Court DENIES Ashwood's 46 Motion for Judgment on the Pleadings and DENIES Spiegel's 55 Cross Motion for Judgment on the Pleadings. The Court also STRIKES Ashwood's First Affirmative Defense without prejudice and grants Ashwood seven days from the date of this Order to amend its Answer. Ashwood's 58 Motion for Oral Argument is DENIED. (See Order.) Signed by Judge Larry J. McKinney on 3/23/2017. (LDH)
March 23, 2017
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ORDER - the Court GRANTS in part and DENIES in part Spiegel's 59 Motion to Approve, and DENIES Ashwood's 60 Motion to Stay, The parties shall confer regarding a proposed Amended Notice of Class Action, which shall provide greater specificity as to the subsections serving as the basis for the Class's claims. After the parties have conferred about the Amended Notice of Class Action, Spiegel shall either submit a Notice of an Agreed Amended Notice of Class Action or a Notice of Continued Dispute within fourteen days from the date of this Order. If the filing is only a Notice of Continued Dispute, Spiegel shall file his Motion to Approve Class Notice within fourteen days thereafter. Ashwood must also provide Spiegel with the names and addresses of all Class members with fourteen days from the date of this Order. (See Order.) Signed by Judge Larry J. McKinney on 3/23/2017. (LDH)
April 11, 2017
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ORDER on 74 Motion to Approve Proposed Amended Class Notice - For the reasons stated herein, the Court GRANTS Spiegel's Motion. Spiegel shall send the Spiegel Amended Notice to all of the Class members within 21 days from the date of this Order, and Class members shall have 45 days from the date on which the Spiegel Amended Notice is sent to opt-out of the Class. The Court further DENIES Ashwood's Motion to Strike Plaintiff's Reply in Support of Motion to Approve Proposed Amended Class Notice and Motion for Sanctions. Dkt. No. 77. Signed by Judge Larry J. McKinney on 4/11/2017. (JKS)
January 30, 2018
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ORDER - on Cross Motions for Summary Judgment; We DENY Spiegel's Motion for Summary Judgment, Dkt. No. 87, and GRANT Ashwood's Cross Motion for Summary Judgment. Dkt. No. 89. Judgment will be entered accordingly. Signed by Judge Sarah Evans Barker on 1/30/2018. *** SEE ORDER *** (CKM)