Newton v. American Debt Services, Inc et al

Filing 43

STIPULATION AND ORDER re 39 MOTION to Compel Arbitration filed by Quality Support Services, LLC, American Debt Services, Inc, 36 MOTION to Compel Arbitration filed by Rocky Mountain Bank and Trust, Global Client Solutions, LLC, 42 Stipulation filed by Rocky Mountain Bank and Trust, Global Client Solutions, LLC.. Signed by Judge Edward M. Chen on 11/22/11. (bpf, COURT STAFF) (Filed on 11/22/2011)

Case3:11-cv-03228-EMC Document42

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Filed11/22/11 Page1 of 5

RICHARD W. EPSTEIN (FLA. BAR NO: 229091)
(Pro Hac Vice Admission Pending)
[e-mail]
REBECCA F. BRATTER (FLA. BAR NO: 0685100)
(Pro Hac Vice Admission Pending)
[e-mail]
GREENSPOON MARDER, P.A.
Trade Centre South, Suite 700
100 W. Cypress Creek Road, Suite 700
Ft. Lauderdale, FL 33309
954-491-1120
954-343-6958(facsimile)
ROBERT S. BOULTER (SBN 153549)
[e-mail]
PETER C. LAGARIAS (SBN 77091)
[e-mail]
LAGARIAS & BOULTER, LLP
1629 Fifth Avenue
San Rafael, California 94901-1828
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Defendants
Global Client Solutions, LLC and
Rocky Mountain Bank and Trust

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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HEATHER NEWTON, individually and)
behalf of others similarly situated,
) Case No: 5:11-cv-03228-EMC
)
PLAINTIFF,
) CLASS ACTION
)
v.
) PLAINTIFF HEATHER NEWTON,
) DEFENDANTS’ AMERICAN DEBT
AMERICAN DEBT SERVICES, INC., a) SERVICES, INC., GLOBAL CLIENT
California corporation; QUALITY
) SOLUTIONS, LLC & ROCKY
SUPPORT SERVICES, LLC, a
) MOUNTAIN BANK & TRUST
California limited liability company;
) STIPULATION TO MODIFY
GLOBAL CLIENT SOLUTIONS, LLC; ) BRIEFING SCHEDULE AND DATE
ROCKY MOUNTAIN BANK AND
) OF HEARING ON DEFENDANTS’
TRUST; and DOES 1-100,
) MOTIONS TO COMPEL
) ARBITRATION
Defendants.
)
)

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PARTIES’ STIPULATION FOR EXTENSION – 5:11-CV-03228-EMC

Case3:11-cv-03228-EMC Document42

Filed11/22/11 Page2 of 5

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In accordance with U.S. District Judge Edward M. Chen’s Civil Standing

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Order, Plaintiff Heather Newton (“Plaintiff”) and Defendants American Debt

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Services, Inc. (“ADS”), Rocky Mountain Bank & Trust (“RMBT”) and Global

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Client Solutions, LLC (“Global”) (collectively, “Defendants”) (all, “Parties”) file

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this Stipulation to Modify the Briefing Schedule and Date of the Hearing on

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Defendants’ respective Motions to Compel Arbitration [D.E. 36 & 39], and state as

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follows:

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WHEREAS, according to the parties’ Stipulation dated October 10, 2011,

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Global and RMBT were to file their response to Plaintiff’s Complaint on
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November 4, 2011 [D.E. 19].

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WHEREAS, according to the parties’ subsequent Stipulation dated

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November 4, 2011 [D.E. 34], Global and RMBT received one additional business

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day, to November 7, 2011, to file their response to Plaintiff’s Complaint; and, on

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November 7, 2011, Global and RMBT filed their Motion to Compel Arbitration.

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[D.E. 36].

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WHEREAS, pursuant to the original and subsequent Stipulations, Plaintiffs

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Response to Global’s and RMBT’s Motion to Compel Arbitration is due December

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2, 2011 and the Reply thereto is due December 23, 2011.
WHEREAS, ADS filed its Motion to Compel Arbitration on November 9,

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2011.

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WHEREAS, Plaintiffs Response to ADS’s Motion to Compel Arbitration is
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PARTIES’ STIPULATION FOR EXTENSION – 5:11-CV-03228-EMC

Case3:11-cv-03228-EMC Document42

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Filed11/22/11 Page3 of 5

due November 23, 2011 and the Reply thereto is due November 30, 2011.
Whereas, the hearing on Defendants’ respective Motions is set for December
16, 2011 at 1:30 p.m.

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WHEREAS, after conferring with counsel for Plaintiff and ADS, due to

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competing time demands and the impending holidays, the Parties hereby stipulate

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that Plaintiff shall file her Response briefs to both Motions on December 23, 2011;

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and Defendants’ shall have up through and including January 16, 2011 to file their
respective Reply briefs.1

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WHEREAS, the Parties stipulate to continuing the hearing on such Motions,
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which is currently set for December 16, 2011 to January 27, 2011 at 1:30 p.m.
WHEREAS, the Parties also suggest that the Case Management Conference

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currently set for January 27, 2011 be rescheduled for a date after which the Court

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rules upon Defendants’ respective Motions to Compel Arbitration. This is the only

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effect the requested time modification has on the scheduling for this case.

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WHEREFORE, Plaintiff and Defendants ADS, RMBT, and Global

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stipulate to extend the deadline for Responses to the Motions to Compel

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Arbitration to December 23, 2011, and the Replies thereto to January 16, 2011; and

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the hearing on same shall take place on January 27, 2011 at 1:30 p.m.

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1.
In the event that this Order is not entered prior to the deadline for which
Plaintiff’s Response to ADS’s Motion to Compel Arbitration is due, then the normal
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PARTIES’ STIPULATION FOR EXTENSION – 5:11-CV-03228-EMC

Case3:11-cv-03228-EMC Document42

Respectfully submitted,

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Dated: November 22, 2011

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GREENSPOON MARDER, P.A.
By: __/s/ Richard W. Epstein___________
RICHARD W. EPSTEIN
(FLA. BAR NO: 229091)
(Pro Hac Vice Admission)
REBECCA F. BRATTER
(FLA. BAR NO: 0685100)
(Pro Hac Vice Admission)

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Filed11/22/11 Page4 of 5

Dated: November 22, 2011

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LAGARIAS & BOULTER, LLP
By:__/s/ Robert S. Boulter_____________
ROBERT S. BOULTER (SBN 153549)

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Attorneys for Defendants GLOBAL
CLIENT SOLUTIONS, LLC & ROCKY
MOUNTAIN BANK & TRUST

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Dated: November 22, 2011

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By /s/ William R. Mitchell
William R. Mitchell
Justin M. Buhr
LOGAN RETOSKE LLP
31351 Rancho Viejo Road, Suite 202
San Juan Capistrano, CA 92675
Tel: [phone]
Fax: [phone]

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Email: [e-mail]

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Attorneys for Defendant, AMERICAN DEBT
SERVICES, INC. and QUALITY SUPPORT
SERVICES, LLC.

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Dated: November 22, 2011

By: /s/ Tavy A. Dumont
TAVY A. DUMONT SBN (244946)
LAW OFFICE OF TAVY A. DUMONT
51 East Campbell Avenue, Suite 106-K
Campbell, California 95008-2054
Telephone: [phone]
Attorney for Plaintiff and Proposed Class
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PARTIES’ STIPULATION FOR EXTENSION – 5:11-CV-03228-EMC

Case3:11-cv-03228-EMC Document42

Filed11/22/11 Page5 of 5

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CERTIFICATE OF SERVICE

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I hereby certify that on this 22nd day of November, 2011, I electronically filed the

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foregoing document with the Clerk of Court using CM/ECF. I also certify that the

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foregoing document is being served this day on all counsel of record or pro se

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parties in the manner specified, either via transmission of Notices of Electronic

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Filing generated by CM/ECF or in some other authorized manner for those counsel
or parties who are not authorized to receive electronically Notices of Electronic
Filing.

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/s/ Richard W. Epstein

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NO

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RT

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Judge E

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. Chen

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_________________________
Edward M. Chen
ERED
O ORD D
IT IS S
IE
U.S. District Judge
MODIF

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ISTRIC
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S

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IT IS SO ORDERED that the oppositions shall be filed by 12/23/11. Replies shall be
filed by 1/13/2012. The hearing is set for 1/27/12 at 1:30 p.m. The case management
conference is also reset for 1/27/12 at 1:30 p.m. A joint CMC Statement shall be filed
by 1/20/12.

UNIT
ED

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D IS T IC T O
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PARTIES’ STIPULATION FOR EXTENSION – 5:11-CV-03228-EMC