Evon v. Law Offices of Sidney Mickell

Filing 79

ORDER signed by Judge John A. Mendez on 6/30/10 ORDERING pltf' motion for class certification 47 DENIED; pltf's motion to re-open discovery is DENIED as moot. (Carlos, K) Modified on 7/1/2010 (Carlos, K).

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ­ SACRAMENTO DIVISION CATHERINE EVON, Plaintiff, v. LAW OFFICES OF SIDNEY MICKELL; and SIDNEY MICKELL, ESQ.; and DOES 1 through 100, inclusive, Defendants. In this action under the Fair Debt Collection Practices Act, 15 USC §1692 et. seq. ("FDCPA"), Plaintiff's Motion for Class Certification was heard on this Court's calendar on June 2, 2010. Sergei Lemberg, Lemberg & Associates, LLC and Lara Shapiro appeared for plaintiff and the proposed class. John N. Dahlberg, AnnaMary E. Gannon, and Angelito R. Sevilla, Dillingham Murphy, LLP, appeared for the defendants. After due consideration of the moving and opposing papers and having heard oral argument, the Court finds, for the reasons set forth on the record,1that plaintiff has not carried her burden of demonstrating that all the requirements of Federal Rules of Civil Procedure, Rule 23(a) have been satisfied. The Motion for Class Certification is therefore denied. Plaintiff also moves to reopen discovery for the purpose of obtaining additional disclosure relating to Defendants' net worth. Under the FDCPA, 15 U.S.C. § 1692k(a)(2)(B), a Defendant's net worth is used to determine the maximum statutory damages that can be Case No. 2:09-CV-00760-JAM-KJN ORDER DENYING PLAINTIFF'S MOTION FOR CLASS CERTIFICATION AND MOTION TO REOPEN DISCOVERY

The transcript of the June 2, 2010 proceedings herein [Docket 72] is appended hereto and incorporated herein by reference. Case No. 2:09-CV-00760-JAM-KJN ­ Page 1 ORDER DENYING MOTION FOR CLASS CERTIFICATION

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awarded to the class. Since the class has not been certified, there is no need for that discovery and plaintiff's motion is denied as moot. IT IS SO ORDERED. Date: June 30, 2010 /s/ John A. Mendez_________________ Honorable John A. Mendez Judge of the United States District Court

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Case No. 2:09-CV-00760-JAM-KJN ­ Page 2 ORDER DENYING MOTION FOR CLASS CERTIFICATION

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Case No. 2:09-CV-00760-JAM-KJN ­ Page i DEFENDANTS' OPPOSITION TO MOTION FOR CLASS CERTIFICATION

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Case No. 2:09-CV-00760-JAM-KJN ­ Page 1 DEFENDANTS' OPPOSITION TO MOTION FOR CLASS CERTIFICATION

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