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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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----oo0oo----

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VERINA FREEMAN and VALECEA
DIGGS, individually and on
behalf of all similarly
situated,

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ORDER

Plaintiffs,
v.
WILSHIRE COMMERCIAL CAPITAL
L.L.C., a California limited
liability company, dba
WILSHIRE CONSUMER CREDIT,
Defendant.

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CIV. NO. 2:15-1428 WBS AC

----oo0oo---This is a putative class action against defendant

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alleging violations of the Telephone Consumer Protection Act

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(“TCPA”), 47 U.S.C. § 227 et seq.

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pending in the Southern District of California.

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Wilshire Commercial Capital, LLC dba Wilshire Consumer Credit,

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Civ. No. 3:14-2967 BEN KSC (S.D. Cal. filed Dec. 17, 2014)

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(“Banarji”).

A similar action is presently
Banarji v.

On October 26, 2015, the parties agreed to stay all
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proceedings in this action, with the exception of certain limited

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discovery, pending the resolution of defendant’s dispositive

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motions in Banarji.

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(Oct. 30, 2015 Order (Docket No. 19).)

On April 11, 2016, this matter came on for a further

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scheduling conference to discuss the progress of the Banarji

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action.

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for plaintiffs and Steven Berardino appeared as counsel for

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defendant.

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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

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to dismiss the appeal were presently pending before the Ninth

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Circuit.

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class claims in Banarji will be dismissed.

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that, notwithstanding Banarji, the present action should proceed

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in this district.

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Both parties agreed

Accordingly, pursuant to the provisions of Federal Rule
of Civil Procedure 16, IT IS HEREBY ORDERED that:

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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;

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(2) a Status (Pretrial Scheduling) Conference is set

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for July 18, 2016 at 1:30 p.m. in Courtroom 5.

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meet and confer prior to that date; and

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The parties shall

(3) the parties shall file an updated Joint Status

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Report containing the information set forth in this court’s

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initial Order of July 6, 2015 (Docket No 4) on or before July 5,

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2016.

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IT IS SO ORDERED.
Dated:

April 12, 2016

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