Bruner v. Midland Funding LLC et al, No. 5:2016cv01371 - Document 160 (W.D. Okla. 2018)
Court Description: ORDER granting 158 Motion for Attorney Fees. Signed by Honorable Timothy D. DeGiusti on 11/1/2018. (mb)
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RFORE ORDERED that Defendants Midland Funding, LLC, Midland Credit Management, Inc., and Encore Capital Group’s Motion for Attorney Fees [Doc. No. 158] is GRANTED. The Court finds that Brian Ponder violated § 1927 and that he should be required to reimburse the movants for a reasonable amount of attorney fees and costs incurred as a result of his misconduct, in the amount of $14,306.90. by Defendant Experian Information Solutions, Inc., Mr. Ponder consented on Plaintiff’s behalf to its dismissal from the case; the Court granted the motion in substantial part and dismissed Plaintiff’s action against Defendant Experian Information Solutions, Inc. with prejudice to refiling. See 4/19/18 Order [Doc. No. 115]. The fact that only defendants who involved the Court in addressing Mr. Ponder’s deleterious behavior obtained dismissals, shows that Mr. Ponder pressed forward with meritless claims against the remaining defendants after he should have agreed to dismiss them as well. 5 IT IS FURTHER ORDERED that Brian Ponder shall pay $14,306.90 to Defendants Midland Funding, LLC, Midland Credit Management, Inc., and Encore Capital Group, jointly, by delivery of a check or other appropriate form of payment to their attorneys within 30 days from the date of this Order. IT IS SO ORDERED this 1st day of November 2018. 6
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