Freeman et al v. Wilshire Commercial Capital L.L.C.

Filing 28

ORDER signed by Senior Judge William B. Shubb on 4/12/2016: IT IS HEREBY ORDERED that: (1) the stay ordered in the court's 19 Order of 10/30/2015 is hereby LIFTED; (2) a Scheduling Conference is set for 7/18/2016 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. The parties shall meet and confer prior to that date; and (3) the parties shall file an updated Joint Status Report containing the information set forth in this court's initial 4 Order of 7/6/2015 on or before 7/5/2016. (Kirksey Smith, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ----oo0oo---- 11 12 13 14 VERINA FREEMAN and VALECEA DIGGS, individually and on behalf of all similarly situated, 15 16 17 18 19 ORDER Plaintiffs, v. WILSHIRE COMMERCIAL CAPITAL L.L.C., a California limited liability company, dba WILSHIRE CONSUMER CREDIT, Defendant. 20 21 22 CIV. NO. 2:15-1428 WBS AC ----oo0oo---This is a putative class action against defendant 23 alleging violations of the Telephone Consumer Protection Act 24 (“TCPA”), 47 U.S.C. § 227 et seq. 25 pending in the Southern District of California. 26 Wilshire Commercial Capital, LLC dba Wilshire Consumer Credit, 27 Civ. No. 3:14-2967 BEN KSC (S.D. Cal. filed Dec. 17, 2014) 28 (“Banarji”). A similar action is presently Banarji v. On October 26, 2015, the parties agreed to stay all 1 1 proceedings in this action, with the exception of certain limited 2 discovery, pending the resolution of defendant’s dispositive 3 motions in Banarji. 4 (Oct. 30, 2015 Order (Docket No. 19).) On April 11, 2016, this matter came on for a further 5 scheduling conference to discuss the progress of the Banarji 6 action. 7 for plaintiffs and Steven Berardino appeared as counsel for 8 defendant. 9 was denied in Banarji and that an interlocutory appeal and motion (Docket No. 27.) Brian Kemnitzer appeared as counsel Counsel informed the court that class certification 10 to dismiss the appeal were presently pending before the Ninth 11 Circuit. 12 class claims in Banarji will be dismissed. 13 that, notwithstanding Banarji, the present action should proceed 14 in this district. 15 16 Both parties agreed Accordingly, pursuant to the provisions of Federal Rule of Civil Procedure 16, IT IS HEREBY ORDERED that: 17 18 Counsel represented there is a high likelihood that the (1) the stay ordered in the court’s Order of October 30, 2015 (Docket No. 19) is hereby LIFTED; 19 (2) a Status (Pretrial Scheduling) Conference is set 20 for July 18, 2016 at 1:30 p.m. in Courtroom 5. 21 meet and confer prior to that date; and 22 The parties shall (3) the parties shall file an updated Joint Status 23 Report containing the information set forth in this court’s 24 initial Order of July 6, 2015 (Docket No 4) on or before July 5, 25 2016. 26 27 IT IS SO ORDERED. Dated: April 12, 2016 28 2

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