Frisco v. Midland Credit Management Inc.

Filing 50

ORDER REGARDING RESPONSE TO DEFENDANT'S LETTER FOR LEAVE TO FILE RENEWED MOTION FOR SUMMARY JUDGMENT. Signed by Judge Yvonne Gonzalez Rogers on 5/18/12. (fs, COURT STAFF) (Filed on 5/18/2012)

UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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LOUISE FRISCO,
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Plaintiff,
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vs.

Case No.: C-11-03284-YGR
ORDER REGARDING RESPONSE TO
DEFENDANT’S LETTER FOR LEAVE TO FILE
RENEWED MOTION FOR SUMMARY
JUDGMENT

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MIDLAND CREDIT MANAGEMENT, INC.,
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Defendant.
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Northern District of California

United States District Court

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On May 8, 2012, Defendant filed a letter with the Court pursuant to its Standing Order in Civil

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Cases seeking leave to file a renewed motion for summary judgment. (Dkt. No. 47.) Plaintiff filed a

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response on May 16, 2012. (Dkt. No. 49.) The Court has reviewed the parties’ letters and in light of

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the fact that the issues on Defendant’s renewed summary judgment motion are substantially the same

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as the previous motion, the Court will not hold a pre-filing conference regarding the renewed motion.

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With respect to timing of the renewed motion, Defendant may file its summary judgment

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motion when discovery closes on July 9, 2012. The previous summary judgment motion was denied

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to allow Plaintiff to seek additional discovery relevant to the issue of the “debt.” Plaintiff has

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identified specific discovery that she currently seeks to that end and should be allowed to complete

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that discovery. The Court wishes to avoid another opposition brought under Fed. R. Civ. P. 56(d)(2)

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if it were to allow the motion to be filed immediately.

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IT IS SO ORDERED.

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Dated: May 18, 2012

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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE