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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Lara R. Shapiro (SBN 227194)
4145 Via Marina #324
Marina del Rey, CA 90292
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Attorney for Plaintiff, Jennifer Epstein

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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO/DIVISION

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JENNIFER EPSTEIN,
Plaintiff,

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CASE NO.: 3:11-cv-03984-MEJ

vs.
DIVERSIFIED COLLECTION
SERVICES, INC., et. al.,
Defendants.

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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

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Plaintiff JENNIFER EPSTEIN ("Plaintiff") submits this report in

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accordance with Rule 26(f) of the Federal Rules of Civil Procedure, and states
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that the Defendant has executed a waiver of service of process, the defendant’s
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3:11-cv-03984-MEJ

Case Management Statement

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answer is now due on January 17, 2012, and the parties are still engaging in early

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settlement discussions. Plaintiff, on behalf of herself and Defendant requests the

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Scheduling Conference be continued to a time following the Defendant’s Answer.

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1.

Jurisdiction and Service
Jurisdiction is proper pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. §

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1337. Defendant executed a waiver of service, filed November 9, 2011,

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Document 8. Defendant’s Answer is due on January 17, 2012.

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2.

Facts
Plaintiff alleges that the Defendant contacted Plaintiff at her place of

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employment after being told not to contact her at work. Defendant told Plaintiff

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“We can take you to court.” Defendant has not initiated legal action and does not

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have legal standing to do so.

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Plaintiff also alleges that the Defendant contacted the secretary at her place

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of employment, and without Plaintiff’s consent, alerted the secretary of Plaintiff’s

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alleged debt, and repeatedly called asking to speak with Plaintiff.

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Defendant has not yet filed its answer.
3.

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Whether or not the Defendant’s conduct violated the FDCPA.
4.

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Motions
There are no current motions and no motions anticipated at this time.

5.

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Legal Issues

Amendment of Pleadings
Plaintiff does not intend to amend her pleadings.

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Evidence Preservation
Plaintiff does not have any tape recordings or evidence to preserve other

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than testimony.

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7.

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Disclosures
Disclosures will be made by January 31, 2012.

8.

Discovery

3:11-cv-03984-MEJ

Case Management Statement

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No discovery has yet taken place, the scope of discovery includes evidence

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of Plaintiff’s claims and evidence of Defendant’s defenses. No discovery plan can

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be made without the Defendant’s input.

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9.

Class Actions
This is not a class action.

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10.

None.

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Related Cases

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Relief
Plaintiff seeks statutory damages of $1000 and reasonable attorney fees and

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costs.

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12.

Settlement and ADR
The parties are engaging in early settlement discussions. At this time, no

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agreement as to the ADR procedure has been reached because Defendant has not

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yet filed its Answer.

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13.

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Consent to Magistrate
Plaintiff has consented to a magistrate judge for all purposes. Defendant

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has not yet consented or declined.

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14.

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Other References
The Defendant has not yet answered and therefore the case cannot be

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suitable for alternative disposition.

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15.

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Narrowing of Issues
At this time there are no issues that can be narrowed by motion or

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stipulation.

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Expedited Trial Procedure
The Defendant has not yet answered so it cannot be agreed upon whether

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or not the case is suitable for expedited trial procedure.

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17.

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Scheduling
No proposed dates can be given until Defendant answers and appears.

3:11-cv-03984-MEJ

Case Management Statement

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Plaintiff requests a jury trial and expects a three day trial.

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Trial

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Disclosure of Non-party Interested Entities or Persons
Plaintiff has filed the Certificate of Interested Entities or Persons, there are

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none. Defendant has not yet filed its answer or other documents.

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20.

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Other Matters
There are no other matters at this time.

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DATED: November 29, 2011
By /s/ Lara Shapiro
Lara Shapiro
Attorneys for Plaintiff, Jennifer Epstein

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DATED: November 29, 2011

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3:11-cv-03984-MEJ

Case Management Statement