Frisco v. Midland Credit Management Inc.
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
NORTHERN DISTRICT OF CALIFORNIA
Case No.: C-11-03284-YGR
ORDER REGARDING RESPONSE TO
DEFENDANT’S LETTER FOR LEAVE TO FILE
RENEWED MOTION FOR SUMMARY
MIDLAND CREDIT MANAGEMENT, INC.,
Northern District of California
United States District Court
On May 8, 2012, Defendant filed a letter with the Court pursuant to its Standing Order in Civil
Cases seeking leave to file a renewed motion for summary judgment. (Dkt. No. 47.) Plaintiff filed a
response on May 16, 2012. (Dkt. No. 49.) The Court has reviewed the parties’ letters and in light of
the fact that the issues on Defendant’s renewed summary judgment motion are substantially the same
as the previous motion, the Court will not hold a pre-filing conference regarding the renewed motion.
With respect to timing of the renewed motion, Defendant may file its summary judgment
motion when discovery closes on July 9, 2012. The previous summary judgment motion was denied
to allow Plaintiff to seek additional discovery relevant to the issue of the “debt.” Plaintiff has
identified specific discovery that she currently seeks to that end and should be allowed to complete
that discovery. The Court wishes to avoid another opposition brought under Fed. R. Civ. P. 56(d)(2)
if it were to allow the motion to be filed immediately.
IT IS SO ORDERED.
Dated: May 18, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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