Fighting credit bureaus, creditors and debt buyers

Midland Funding demands protective order prior to providing ANY docs

Midland and MCM didn’t provide a single document in response to my discovery requests.  Last week I asked that they provide me with their portion for a joint motion regarding this discovery dispute.  Instead, they sent me this bizarre protective order:

7-11-14–Proposed-Stipulated-Protective-Order.pdf

7-11-14–Proposed-Protective-Order-Exhibit A.pdf

I emailed to her yesterday:

The Proposed Protective Order states:

“…. in order to facilitate the exchange of information and documents which may be subject to confidentiality limitations on disclosure due to federal laws, state laws, and privacy rights, the Parties stipulate to the following Stipulated Protective Order: ”

I am perfectly capable of protecting my private data such as my social security number and other personal information and if I wish to publish it, that’s my right.  I trust that you will comply with state and federal laws and that you and your clients will refrain from publishing my personal data without a protective order.  Since I did not ask for any personal and private data from your clients, the Order is simply not necessary.

As you already know, this case will be used to document that consumer laws such as the FDCPA and the FCRA need significant enhancements and I am preparing a website for regulators, legislators and consumer activists so they can see for themselves what happens when a consumer who can’t afford to pay an attorney sues a debt buyer like Midland for correct credit reporting.

And lastly, the Proposed Protective Order is completely unclear on the procedures.  Am I supposed to fly around the country to “inspect” documents?

Please immediately provide ALL documents requested and if you feel that any document contains your clients’ “private” data, identify each document and state exactly which information you consider private.

Sincerely,

Christine Baker

Attorney Gabriel’s response today:

Dear Ms. Baker:

Please clarify your statements below and explain precisely which terms in the draft Stipulated Protective Order are unclear to you.

With respect to your bolded request below, we are not required to list in advance which documents we consider confidential.  This is the purpose for the Protective Order.  As previously explained, we will supplement discovery responses and exchange documents with you once a Protective Order is in place.

If you do not want to agree to a Stipulated Protective Order, please let us know and we will proceed with our Motion for Protective Order.

Thank you,

Tamar Gabriel, Esq.
Carlson & Messer LLP

My reply:

Ms. Gabriel,
Did I not write in English?
What is it you don’t understand?
Do you EVER actually answer a question?

Christine Baker

The only thing that keeps me going is knowing that the more obnoxious they are, the more likely it is that legislators will significantly enhance the FDCPA and FCRA.

2 Responses to Midland Funding demands protective order prior to providing ANY docs

  1. Christine, exactly WHAT documents are you trying to secure from Midland ? I noticed that they went out and got a pro hac vice to run interference on your request for production of documents.

    Any chance you are trying to get your hands on the Purchase (Sale) Agreement and exhibits for an Assignment (They call if “Bill of Sale and Assignment” or something similar).

    Thanks, Ron

  2. Ron, sorry for the late reply, Midland and MCM are keeping me busy! They just filed their motion for protective order and sanctions.

    I’ll post all the discovery docs ASAP (they’re standard requests), but started with some of the filings from their suit against me:

    http://creditsuit.org/litigation-forum/midland-funding-v-baker/

    Midland’s motion for summary judgment includes some exhibits and there’s a bill of sale, but not much useful info.

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