Gold v. Midland Credit Management, Inc. et al

Filing 33

STIPULATION AND ORDER RESETTING MEDIATION COMPLETION DATE adopting 32 Proposed Order. The mediation completion deadline in this matter is VACATED and is reset for 8/29/2014. Signed by Judge William H. Orrick on 10/29/2013. (jmdS, COURT STAFF) (Filed on 10/29/2013)

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1 TOMIO B. NARITA (SBN 156576) tnarita@snllp.com 2 CHRISTOPHER M. SPAIN (SBN 265465) cspain@snllp.com 3 SIMMONDS & NARITA LLP 44 Montgomery Street, Suite 3010 4 San Francisco, CA 94104-4816 Telephone: (415) 283-1000 5 Facsimile: (415) 352-2625 6 Attorneys for Defendants Midland Credit Management, Inc. 7 and Midland Funding, LLC 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 12 13 ELLEN ANNETE GOLD, on behalf of herself and all others similarly situated, 14 Plaintiff, 15 vs. 16 17 18 19 20 MIDLAND CREDIT MANAGEMENT, INC., a Kansas corporation; and MIDLAND FUNDING, LLC, a Delaware limited liability company, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO.:3:13-cv-02019-WHO STIPULATION AND ORDER RESETTING MEDIATION COMPLETION DATE 21 22 23 24 25 26 27 28 GOLD, ET AL. v. MIDLAND CREDIT MANAGEMENT, INC. ET AL. (CASE NO.: 5:13-cv-02019-W HO) STIPULATION RE MEDIATION COMPLETION DATE 1 Plaintiff Ellen Annete Gold (“Plaintiff”), on behalf of herself and the alleged 2 class, and defendants Midland Credit Management, Inc. (“MCM”) and Midland 3 Funding, LLC (“MF,” collectively “Defendants”), by and through their respective 4 counsel, hereby stipulate and agree as follows: 5 WHEREAS, on July 30, 2013, this Court established October 28, 2013 as the 6 mediation completion date in this matter (see Docket 21); 7 WHEREAS, the ADR Department has experienced some difficulties in 8 locating a mediator for the action and has not yet assigned a mediator; 9 WHEREAS, upon further analysis by the parties, in conjunction with a 10 representative of the ADR Department, the parties have concluded that this case 11 likely will not be suitable for a productive mediation session until after the plaintiff 12 has filed her motion for class certification and after Defendants have filed their 13 motion for summary judgment; 14 WHEREAS, the deadline for hearing motions in this matter is July 2, 2014; 15 IT IS THEREFORE STIPULATED AND AGREED BY THE PARTIES that 16 the Court is requested to vacate the current mediation completion deadline and to 17 reset the deadline for August 29, 2014. 18 19 DATED: October 23, 2013 20 SIMMONDS & NARITA LLP TOMIO B. NARITA JEFFREY A. TOPOR CHRISTOPHER M. SPAIN 21 22 23 24 By: s/Tomio B. Narita Tomio B. Narita Attorneys for Defendants Midland Credit Management, Inc. and Midland Funding, LLC 25 26 27 28 GOLD, ET AL. v. MIDLAND CREDIT MANAGEMENT, INC. ET AL. (CASE NO.: 5:13-cv-02019-W HO) STIPULATION RE MEDIATION COMPLETION DATE 1 1 DATED: October 23, 2013 2 CONSUMER LAW CENTER, INC. FRED W. SCHWINN RAEON R. ROULSTON 3 4 By: 5 6 s/Fred W. Schwinn Fred W. Schwinn Attorneys for Plaintiff Ellen Annete Gold 7 8 9 The Court, having reviewed the stipulation of the parties, and good cause 10 appearing, it is hereby ORDERED that the mediation completion deadline in this 11 matter is VACATED and is reset for August 29, 2014. 12 13 SO ORDERED. 14 Dated: October 29, 2013 15 ____________________________ Honorable William H. Orrick 16 17 18 19 20 21 22 23 24 25 26 27 28 GOLD, ET AL. v. MIDLAND CREDIT MANAGEMENT, INC. ET AL. (CASE NO.: 5:13-cv-02019-W HO) STIPULATION RE MEDIATION COMPLETION DATE 2

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