Updates on Midland Funding, LLC judge rules against reinstatement

Updates on Midland Funding, LLC judge rules against reinstatement

November 25, 2013

The Travis County Justice of the Peace Precinct 3 awarded us $500 in attorneys fees as a discovery sanction against Midland Funding and denied their attempt to reinstate their case.

Midland Funding consistently gives evasive discovery responses, raises inapplicable and frivolous objections, and withholds clearly relevant and discoverable documents and information.  Midland Funding then ignores our attempts to meet and confer on the discovery, requiring us to file a motion to compel and for attorneys fees (sanctions.)  Midland Funding typically will not even respond to the motion, or will file only a cursory response with no evidence or support.

If ordered to produce documents, Midland Funding will wait until the deadline and then dismiss its case.  Or in this instance, knowing they’d likely be sanctioned, they dismissed their case a few days before the hearing.  But the court agreed with us that it still retained jurisdiction to hear the motion for sanctions.  Incredibly, while trying to argue that their dismissal deprived the court of jurisdiction, at the same time, Midland Funding filed a motion to reinstate the lawsuit they had just dismissed.  The court awarded us attorney fees and denied Midland Funding’s motion to reinstate, finding that Midland Funding had not shown good cause to reinstate.