Epstein v. Diversified Collection Services, Inc.

Filing 7

ORDER re 6 Case Management Statement filed by Jennifer Epstein. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 11/29/11. (bjtS, COURT STAFF) (Filed on 11/29/2011)

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1 2 3 4 5 Lara R. Shapiro (SBN 227194) 4145 Via Marina #324 Marina del Rey, CA 90292 Telephone: (310) 577-0870 Facsimile: (424) 228-5351 E-mail: shapiro.lara@gmail.com Attorney for Plaintiff, Jennifer Epstein 6 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/DIVISION 8 9 10 11 12 JENNIFER EPSTEIN, Plaintiff, 13 14 15 16 17 CASE NO.: 3:11-cv-03984-MEJ vs. DIVERSIFIED COLLECTION SERVICES, INC., et. al., Defendants. 18 19 CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE Fed. R. Civ. P. 26(f) Date: December 1, 2011 Time: 10:00 A.M. Courtroom B, 15th Fl. – San Francisco Hon. Maria- Elena James 20 21 22 23 24 25 Plaintiff JENNIFER EPSTEIN ("Plaintiff") submits this report in 26 accordance with Rule 26(f) of the Federal Rules of Civil Procedure, and states 27 that the Defendant has executed a waiver of service of process, the defendant’s 28 3:11-cv-03984-MEJ Case Management Statement 1 answer is now due on January 17, 2012, and the parties are still engaging in early 2 settlement discussions. Plaintiff, on behalf of herself and Defendant requests the 3 Scheduling Conference be continued to a time following the Defendant’s Answer. 4 1. Jurisdiction and Service Jurisdiction is proper pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 5 6 1337. Defendant executed a waiver of service, filed November 9, 2011, 7 Document 8. Defendant’s Answer is due on January 17, 2012. 8 2. Facts Plaintiff alleges that the Defendant contacted Plaintiff at her place of 9 10 employment after being told not to contact her at work. Defendant told Plaintiff 11 “We can take you to court.” Defendant has not initiated legal action and does not 12 have legal standing to do so. 13 Plaintiff also alleges that the Defendant contacted the secretary at her place 14 of employment, and without Plaintiff’s consent, alerted the secretary of Plaintiff’s 15 alleged debt, and repeatedly called asking to speak with Plaintiff. 16 17 Defendant has not yet filed its answer. 3. 18 19 Whether or not the Defendant’s conduct violated the FDCPA. 4. 20 21 Motions There are no current motions and no motions anticipated at this time. 5. 22 23 Legal Issues Amendment of Pleadings Plaintiff does not intend to amend her pleadings. 6. 24 Evidence Preservation Plaintiff does not have any tape recordings or evidence to preserve other 25 than testimony. 26 7. 27 28 Disclosures Disclosures will be made by January 31, 2012. 8. Discovery 3:11-cv-03984-MEJ Case Management Statement 1 No discovery has yet taken place, the scope of discovery includes evidence 2 of Plaintiff’s claims and evidence of Defendant’s defenses. No discovery plan can 3 be made without the Defendant’s input. 4 9. Class Actions This is not a class action. 5 6 10. None. 7 8 Related Cases 11. Relief Plaintiff seeks statutory damages of $1000 and reasonable attorney fees and 9 10 costs. 11 12. Settlement and ADR The parties are engaging in early settlement discussions. At this time, no 12 13 agreement as to the ADR procedure has been reached because Defendant has not 14 yet filed its Answer. 15 13. 16 Consent to Magistrate Plaintiff has consented to a magistrate judge for all purposes. Defendant 17 has not yet consented or declined. 18 14. 19 Other References The Defendant has not yet answered and therefore the case cannot be 20 suitable for alternative disposition. 21 15. 22 Narrowing of Issues At this time there are no issues that can be narrowed by motion or 23 stipulation. 24 16. 25 Expedited Trial Procedure The Defendant has not yet answered so it cannot be agreed upon whether 26 or not the case is suitable for expedited trial procedure. 27 17. 28 Scheduling No proposed dates can be given until Defendant answers and appears. 3:11-cv-03984-MEJ Case Management Statement 1 18. Plaintiff requests a jury trial and expects a three day trial. 2 3 Trial 19. Disclosure of Non-party Interested Entities or Persons Plaintiff has filed the Certificate of Interested Entities or Persons, there are 4 5 none. Defendant has not yet filed its answer or other documents. 6 20. 7 Other Matters There are no other matters at this time. 8 9 DATED: November 29, 2011 By /s/ Lara Shapiro Lara Shapiro Attorneys for Plaintiff, Jennifer Epstein 10 11 12 es lena Jam NO 17 aria-E Judge M 19 20 A H ER LI RT 18 R NIA 16 TED GRAN FO 15 UNIT ED DATED: November 29, 2011 S DISTRICT TE C TA RT U O 14 S 13 N F D IS T IC T O R C 21 22 23 24 25 26 27 28 3:11-cv-03984-MEJ Case Management Statement

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