Thomas et al v. Premier Recovery, Inc.

Filing 20

Amended STIPULATION and ORDER Re: Continuance of Class Action Certification and Related Dates signed by Magistrate Judge Sandra M. Snyder on 12/24/2009. Pretrial Conference RESET from 1/29/2010 to 1/21/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii; Jury Trial RESET from 3/22/2010 to 3/22/2011 at 08:30 AM in Courtroom 2 (AWI) before Chief Judge Anthony W. Ishii. (Esteves, C)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 DAVID J. KAMINSKI, ESQ., (SBN #128509) KaminskiD@cmtlaw.com CARLSON & MESSER LLP 5959 W. Century Boulevard, Suite 1214 Los Angeles, California 90045 (310) 242-2200 Telephone (310) 242-2222 Facsimile Attorneys for Defendant, PREMIER RECOVERY, INC. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA Scott and Katrina Thomas, on behalf of all ) others similarly situated, ) ) Plaintiffs, ) ) vs. ) ) Premier Recovery, Inc., ) ) Defendant. ) ) ) ) CASE NO. 08-CV-00587-AWI-SMS AMENDED STIPULATION RE: CONTINUANCE OF CLASS ACTION CERTIFICATION AND RELATED DATES; ORDER Honorable Sandra M. Snyder IT IS HEREBY STIPULATED between Plaintiffs Scott Thomas and Katrina Thomas, 19 through their respective counsel of record, and by Defendant Premier Recovery, Inc., ("PRI") 20 through its respective counsel of record, as follows: 21 Plaintiffs have brought an action pursuant to California Penal Code 631, 632 and 637.2 22 arising out of the alleged recording of telephone conversations without consent. Plaintiffs also 23 assert a pending state claim for damages for Invasion of Privacy under the California Constitution. 24 Plaintiffs assert these claims not only on behalf of themselves but on behalf of a class of putative 25 persons who are allegedly similarly situated. 26 /// 27 /// 28 1 05758.00/157303 STIPULATION RE CONTINUANCE OF CLASS ACTION CERTIFICATION AND RELATED DATES CASE NO. 08-CV-00587-AWI-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 California Penal Code 631, 632 and 637 provides $5,000.00 for each violation under the Penal Code for the recording of telephone calls without consent. Based upon the number of telephone calls allegedly made by Defendant PRI that Plaintiffs seek to include as part of the universe of putative class members in this case, this case presents the potential for damages to PRI in the hundreds of millions of dollars. Due to the allegations and the impact of the Penal Code in this case, Plaintiff's class action claims present very serious potential ramifications to defendant's business. The parties jointly seek to continue the current cut-off dates in this case for good cause as follows: 1. The parties to this action have been litigating this case and discovery has been served in this action. Defendant PRI has been working diligently in order to investigate and obtain critical and relevant information with respect to the Plaintiffs' individual claims and the class action claims at issue. In order to respond to Plaintiffs' discovery and to investigate the claims, Defendant's counsel has even traveled out of the State in order to facilitate the investigation. In this regard, Defendant still needs to obtain critical and relevant information, not only from preexisting records and records that have been archived from its various and numerous computer systems, but also records and information from third party entities over whom Defendant has no authority and control. It has been extremely difficult to obtain archived information due to the fact the information has been warehoused and due to the manner in which it has been archived and warehoused. The obtaining of this information is critical to PRI's numerous defenses in this case and to the discovery at issue. PRI and its counsel continue to and are working diligently in this regard. 2. Due to the complexities in this case and due to the nature of the complex class action issues in this case, the parties believe that the parties may be able to eventually resolve this case through alternative dispute resolution. In this regard, the parties seek to obtain a Professional Mediator to assist in a formal Mediation of this case, with formal briefing. The parties anticipate that the discovery issues in this matter can be resolved and that a Mediation can take place approximately April 2010. 2 05758.00/157303 STIPULATION RE CONTINUANCE OF CLASS ACTION CERTIFICATION AND RELATED DATES CASE NO. 08-CV-00587-AWI-SMS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Pursuant to the foregoing, and due to the complex nature of this putative class action and the complex issues in this case, the parties request that any scheduling order in this case be modified as follows: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Due date for class Certification Motion: July 16, 2010; Plaintiffs' Expert Disclosure deadline: July 9, 2010; Defendant's Expert Disclosure deadline: August 20, 2010; Plaintiffs' Rebuttal Expert Disclosure deadline: September 3, 2010; Non-Expert Discovery deadline: August 6, 2010; Discovery deadline (Expert): September 30, 2010; Non-Dispositive Motion Filing deadline: July 23, 2010; Dispositive Motion filing deadline: October 29, 2010; Private Mediation will be scheduled in this case by April 30, 2010 Pre-Trial Conference: January 21, 2011 (was Jan. 29, 2010) at 8:30 a.m., before Judge Ishii; and 11. Trial Date: March 22, 2011 (was 3/22/2010) at 8:30 a.m., with Judge Ishii. IT IS SO STIPULATED between the parties between the parties. DATED: December 23, 2009 CARLSON & MESSER LLP By: s/ David J. Kaminski David J. Kaminski Attorneys for Defendant, Premier Recovery, Inc. DATED: December 23, 2009 HYDE & SWIGART By__s/Joshua B. Swigart___________ Joshua B. Swigart, Esq. 3 STIPULATION RE CONTINUANCE OF CLASS ACTION CERTIFICATION AND RELATED DATES CASE NO. 08-CV-00587-AWI-SMS 05758.00/157303 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Dated: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 05758.00/157303 Attorneys for Plaintiffs, SCOTT AND KATRINA THOMAS DATED: December 23, 2009 LAW OFFICES OF DOUGLAS CAMPION By: s/ Douglas Campion Douglas Campion Attorneys for Plaintiffs SCOTT AND KATRINA THOMAS ORDER The above stipulation shall be the Order of the Court. December 24, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE STIPULATION RE CONTINUANCE OF CLASS ACTION CERTIFICATION AND RELATED DATES CASE NO. 08-CV-00587-AWI-SMS

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