Finley v. Dynamic Recovery Solutions LLC et al

Filing 66

ORDER vacating trial date and setting further schedule re: 27 , 34 , 35 MOTIONS for Summary Judgment. Supplemental response due by 8/17/2015. Supplemental replies due by 8/24/2015. Motion Hearing set for 9/14/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco before Hon. Thelton E. Henderson. Further Case Management Conference set for 9/14/2015 10:00 AM in Courtroom 2, 17th Floor, San Francisco. Case management statement due by 9/04/2015. Signed by Judge Thelton E. Henderson on 06/24/2015. (tehlc1, COURT STAFF) (Filed on 6/24/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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NANCY H. FINLEY,

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Plaintiff,

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v.
DYNAMIC RECOVERY SOLUTIONS
LLC, et al.,

Case No. 14-cv-04028-TEH
ORDER VACATING TRIAL DATE
AND SETTING FURTHER
DISCOVERY AND HEARING
SCHEDULE

Defendants.
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This matter came before the Court for a case management conference on June 22,

United States District Court
Northern District of California

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2015, to discuss Plaintiff’s discovery regarding certain communications between the

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Defendants. June 15, 2015 Order at 6 (Docket No. 58); May 7, 2015 Order at 2 (Docket

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No. 40). Specifically, on May 7, 2015, Plaintiff was given 45 days “to conduct discovery

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regarding CRA’s communications to third parties as relevant to the pending motion,” i.e.,

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whether Defendant Consumer Recovery Associates (“Consumer” or “CRA”) failed to

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communicate to another Defendant that Plaintiff disputed her debt. May 7, 2015 Order at

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2. The 45-day period closed on June 21, 2015, and Plaintiff was therefore expected to

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have completed discovery on this issue by the June 22, 2015 case management conference.

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Additionally, at the June 8, 2015 hearing on Defendants Dynamic Recovery

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Solutions’ (“Dynamic’s”) and Accelerated Financial Solutions’ (“Accelerated’s”) motions

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for summary judgment, Plaintiff’s counsel stated that he would need an additional 60-90

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days to conduct discovery regarding these Defendants. In its order granting Defendants’

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motions in part and denying them in part, the Court noted that the already-ongoing

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discovery regarding the May 7, 2015 order would be relevant to the question of whether

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the other Defendants knew that Plaintiff was represented, and ordered Plaintiff’s counsel to

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be prepared to discuss his additional discovery requests at the case management

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conference. June 15, 2015 Order at 6.

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At the case management conference, Plaintiff’s counsel indicated that he had not
completed discovery regarding the question of whether Consumer failed to communicate

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that Plaintiff disputed her debt, in spite of the expiration of the 45-day period to do so. For

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example, Plaintiff submitted 65 requests for admission from Consumer on June 1, 2015,

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but, in light of the 30 day period to respond to such requests under Rule 36, Plaintiff could

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not reasonably expect a response before the June 22, 2015 case management conference.

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Joint Statement at 2 (Docket No. 59); see also Fed. R. Civ. P. 36(a)(3). Moreover,

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Plaintiff’s counsel stated at the case management conference that he intended to conduct

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additional discovery, including requests for documents and depositions, even though the

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responses to such requests would be due well after the June 22, 2015 case management

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United States District Court
Northern District of California

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conference.

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In light of Plaintiff’s leisurely pace of discovery, the Court now finds it appropriate

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to vacate the trial date and set a schedule for further discovery in this case, and to set a

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hearing on the remaining issues from the pending motions. Accordingly, IT IS HEREBY

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ORDERED that discovery in this case will proceed in phases. Plaintiff shall have an

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additional 45 days from the entry of this order to complete discovery on the following

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issues: did Consumer fail to communicate to a third party that Plaintiff disputed her debt,

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and did Accelerated or Dynamic have actual knowledge that Plaintiff was represented at

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the time of Dynamic’s debt collection activities. Because the close of the 45-day period

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falls on a weekend, Plaintiff shall have until Monday, August 10, 2015, to complete

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discovery on the stated issues. Plaintiff shall not conduct discovery on any matter outside

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of the stated issues until the Court sets a schedule on further phases of discovery.

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Within seven days of the above deadline for Plaintiff’s discovery on this issue, that

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is, no later than August 17, 2015, Plaintiff shall file a supplemental brief of no more than

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five pages, as well as any relevant declarations and exhibits, stating with particularity what

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evidence there is that Consumer communicated to a third party but omitted the fact that

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Plaintiff disputed her debt, such that Consumer’s statute of limitations defense would not

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apply, as well as what evidence there is that Accelerated or Dynamic had actual knowledge

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that Plaintiff was represented at the time of Dynamic’s debt collection activities.

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Within seven days of Plaintiff filing her supplemental brief, that is, no later than

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August 24, 2015, each Defendant shall file a responsive brief of no more than five pages,

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as well as any relevant declarations and exhibits.

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The Court will hear oral argument on Monday, September 14, 2015, at 10:00 AM,

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on the remaining issues from Defendants’ pending motions for summary judgment: first,

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did Consumer fail to communicate to a third party that Plaintiff disputed her debt; second,

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is Consumer entitled to summary judgment based on its statute of limitations defense; and
third, did Accelerated and/or Dynamic have actual knowledge that Plaintiff was

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United States District Court
Northern District of California

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represented at the time of Dynamic’s debt collection activities. The Court will also hold a

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further case management conference at that time. The parties shall file a joint statement no

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longer than seven pages, setting forth their proposed schedules for the remainder of this

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case, no later than seven days before the case management conference.

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The August 3, 2015 deadline for completion of discovery, the September 28, 2015

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motion hearing deadline, the November 2, 2015 pretrial conference, and the November 17,

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2015 trial date are VACATED.

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Plaintiff is hereby warned that further failures to adhere to the Court’s scheduling
orders will be subject to monetary sanctions.

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IT IS SO ORDERED.

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Dated: 06/24/15

_____________________________________
THELTON E. HENDERSON
United States District Judge

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