Soilworks LLC v Midwest Industrial Supply Inc

Filing 19

ORDER pursuant to General Order 05-25 granting 18 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)

Soilworks LLC v Midwest Industrial Supply Inc

Doc. 19

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Marshall Meyers (020584) WEISBERG & MEYERS, LLC 2833 North Central Ave., #613 Phoenix, AZ 85004 602 445 9819 866 565 1327 facsimile [e-mail] Attorney for Plaintiff Mr. Pat Esquivel, Esq. Jerold Kaplan Law Office, PC 330 S. First Avenue Phoenix AZ 85003 602-258-8433 [e-mail] UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA STEVEN BEDROSIAN, ) Case No. 2:07-cv-766 ) Plaintiff, ) JOINT REPORT ) vs. ) ) ) ASSET ACCEPTANCE, LLC ) Defendant. ) ) On November 26, 2007, Plaintiff Steven Bedrosian, by and through his attorney, Marshall Meyers of Weisberg & Meyers, LLC, and Defendant Asset Acceptance LLC, by and through its attorney, Pat Esquivel of Jerold Kaplan Law Office, PC attended the "meet and confer" conference required by the Court's Order Setting Rule 16 Scheduling

25 26 27 28

Conference and by Fed. R. Civ. P. Rule 26(f), and assisted in developing this Report. 1. Nature of the Case - Plaintiff: Plaintiff's current complaint alleges against

Defendant, a debt collector, violations of the federal Fair Debt Collection

Joint Report

Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

Practices Act, 15 U.S.C. § 1692, et seq. ("FDCPA") and invasion of privacy and negligent and/or intentional infliction of emotional distress. Plaintiff alleges

Defendant contacted his mother multiple times in an attempt to collect a debt from Plaintiff, after first contacting Plaintiff directly. These contacts included stating specific information about the alleged debt owed, even though the FDCPA only allows third party contacts once and for the purposes of location. Nature of the Case - Defendant: Nothing in the FDCPA requires that only one phone number may be called. Furthermore, phone calls, if any, that resulted in a contact with a third party did not disclose that the communication was regarding the collection of a debt. Even if an FDCPA violation occurred, Plaintiff did not suffer damages. 2. Defendant must be a "debt collector" and Plaintiff a "consumer" as identified by the FDCPA and Plaintiff must prove Defendant contacted his mother more than once and for purposes other than location. 3. Whether Defendant violated the FDCPA and whether it has bona fide error defenses available. 4. This Court has jurisdiction pursuant to 28 U.S.C. § 1331 and under the FDCPA, 15 U.S.C. § 1692k(d).

20 21 22 23 24 25 26 27 28

5. 6. 7.

The only defendant in this lawsuit has been served and has answered. None. Both parties expect to file a motion for summary judgment concerning liability under the FDCPA.

Joint Report

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

8.

The Parties believe this matter is not suitable for referral to arbitration or to a master. Further, the parties do not agree to referral of the case to a United States Magistrate Judge for trial.

9.

There are no known related cases pending before other Judges of this Court or before other Courts.

10.

Initial disclosures will be made by December 7, 2007. a) Motions to amend the complaint or joint additional parties: January 29, 2008. b) Plaintiff shall make his expert disclosures by March 1, 2008. c) Defendant shall make its expert disclosures by April 1, 2008. d) Rebuttal expert(s) and/or testimony by April 15, 2008. e) All witnesses will be disclosed by May 1, 2008. f) All discovery closes June 1, 2008. g) Dispositive motions: July 1, 2008 h) Final pretrial conference: August 1, 2008 i) Trial September 1, 2008.

20 21 22 23 24 25 26 27 28

11. 12.

The parties anticipate a trial of 1 to 2 days. The parties have requested a jury trial. Respectfully submitted this 26th day of November, 2007. By: s/ Marshall Meyers Marshall Meyers (020584) WEISBERG & MEYERS, LLC 2833 North Central Ave., #613 Phoenix, AZ 85004 602 445 9819 866 565 1327 facsimile

Joint Report

1 2 3 4 5 6 7 8 9 10 11

[e-mail] Attorney for Plaintiff By: s/ Pat Esquivel Mr. Pat Esquivel, Esq. Jerold Kaplan Law Office, PC 330 S. First Avenue Phoenix AZ 85003 602-258-8433 [e-mail] Attorneys for Defendant Original of the foregoing filed electronically with the U.S. District Court this 26th day of November, 2007 to: By /s/Kimberly Larson

12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Joint Report