300525765v1 0932461

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

SCOTT MCMAHON, on behalf of plaintiff and 

the classes defined herein

Plaintiff,

v.

LVNV FUNDING, LLC; RESURGENT 

CAPITAL SERVICES, L.P.; ALEGIS GROUP, 

LLC, and TATE & KIRLIN ASSOCIATES, 

INC.

Defendants.

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Case No. 12-cv-01410

Judge Jorge L. Alonso

MOTION FOR LEAVE TO SUBMIT SUPPLEMENTAL AUTHORITY

IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

Defendants, LVNV FUNDING, LLC ("LVNV"), RESURGENT CAPITAL SERVICES, 

L.P. ("Resurgent"), ALEGIS GROUP LLC ("Alegis") and TATE & KIRLIN ASSOCIATES, 

INC. (collectively "Defendants"), by and through their attorneys David M. Schultz, Jennifer W. 

Weller and Nabil G. Foster of Hinshaw & Culbertson LLP, respectfully request that this Court 

grant them leave to cite McAdory v. M.N.S. & Assocs., LLC, 2017 U.S.Dist. LEXIS 182472 

(D.Or. Nov. 3, 2017); Mitchell v. LVNV Funding, LLC, Case No. 2:12-cv-523-TLS, 2017 U.S. 

Dist. LEXIS 159528 (N.D.Ind. Sept. 28, 2017), Chernyakhovskaya v. Resurgent Capital Servs, 

L.P., No. 2:16-cv-1235 (JLL), 2017 U.S. Dist. LEXIS 133286 (D.N.J.Aug. 18, 2017) and 

Baranowski v. Blitt & Gaines, P.C., 2017 U.S.Dist. LEXIS 121336, 2017 WL 3278322 (N.D.Ill. 

Aug. 2, 2017) in support of their Motion for Summary Judgment and state as follows:

1. In Defendants' Motion and Memorandum in Support of their Motion for Summary 

Judgment they assert that summary judgment should be granted as to LVNV because it is not a 

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debt collector as defined in the Fair Debt Collection Practices Act, 15 U.S.C. §1692 et. seq. Dkt 

#235,236.

2. Subsequent to the filing of their Motion for Summary Judgment the Supreme Court 

decided Henson v. Santander Consumer USA Inc., 137 S. Ct. 1718, 1723, 198 L. Ed. 2d 177, 183 

(2017) and Defendants cited to Henson in their Response and Reply briefs. Dkt #258, 268. 

3. The courts in Mitchell, Baranowski and Chernyakhovskaya all found in favor of the 

debt owners in reliance on Henson. See Mitchell v. LVNV Funding, LLC, No. 2:12-cv-523-TLS, 

2017 U.S.Dist. LEXIS (N.D.Ind. Sept. 28, 2017)1 (granting summary judgment in favor of 

LVNV); Baranowski v. Blitt & Gaines, P.C., 2017 U.S. Dist. LEXIS 121336 (N.D.Ill. Aug. 2, 

2017)(granting motion to dismiss in favor of MSW Capital, LLC); Chernyakhovskaya v. 

Resurgent Capital Servs., L.P., 2017 U.S. Dist. LEXIS 133286 (D.N.J. Aug. 18, 2017)(granting a 

motion to dismiss in favor of LVNV finding that it did not fall within the meaning of debt 

collector pursuant to Henson).2 

4. The McAdory court addressed the “principal purpose” definition of debt collector 

under the FDCPA which was also argued by Defendants in their Motion for Summary Judgment. 

The court stated, “[d]ebt purchasing companies like DNF who have no interactions with debtors 

and merely contract with third parties to collect on the debts they have purchased simply do not 

have the principal purpose of collecting debts.” 2017 U.S.Dist. LEXIS 18247, *8. The court 

concluded “these companies must fall outside the purview of the FDCPA.” Id.

5. Because these opinions were issued after the briefing on the parties’ motions for 

summary judgment was completed, Defendants were unable to previously cite them.

 

1 On October 3, 2017 Plaintiff filed a motion to reconsider which has been fully briefed and is pending.

2 Plaintiff subsequently filed an Amended Complaint but the parties have not responded to it. The docket 

reflects that the parties are submitting an Order for mediation.

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WHEREFORE Defendants respectfully request that the Court grant their motion for 

leave to cite the attached Baranowski, Chernyakhovskaya, Mitchell and McAdory opinions as 

additional authority in support of their Motion for Summary Judgment.

Respectfully submitted,

LVNV FUNDING, LLC, RESURGENT 

CAPITAL SERVICES, L.P., ALEGIS 

GROUP, LLC, AND TATE & KIRLIN 

ASSOCIATES, INC., Defendants

/s/ Jennifer W. Weller

Jennifer W. Weller

David M. Schultz

Jennifer W. Weller

Nabil G. Foster

Hinshaw & Culbertson LLP

222 North LaSalle Street, Suite 300

Chicago, IL 60601-1081

Tel: 312-704-3000

Email: jweller@hinshawlaw.com

CERTIFICATE OF SERVICE

I hereby certify that on November 17, 2017, I electronically filed with the Clerk of the 

U.S. District Court, Northern District of Illinois, Eastern Division, the foregoing Motion for 

Leave to Cite Additional Authority by using the CM/ECF system, which will send notification 

of such filing(s) to all counsel of record.

/s/ Jennifer W. Weller

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