Elena Del Campo v. American Corrective Counseling

Filing 733

ORDER denying re 722 MOTION for Leave to File Excess Pages Summary Judgment & Injunction Motion & Memo filed by Lois Artz, Ashorina Medina, Lisa Johnston, Elena M. Del Campo. Signed by Judge James Ware on February 20, 2009. (jwlc1, COURT STAFF) (Filed on 2/20/2009)

1 Paul Arons, State Bar #84970 2 LAW OFFICE OF PAUL ARONS 3 Friday Harbor, WA 98250
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Sharon Grace, State Bar #83527 685 Spring Street, #104 Tel: [phone] [e-mail]
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Deepak Gupta, D.C. Bar #495451 (pro hac vice) PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, NW Washington, DC 20009 Tel: [phone] Fax: [phone] [e-mail]

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11 (Additional counsel on signature page) 12 Attorneys for Plaintiffs 13 14
UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION Civ. No. 01-21151 JW CLASS ACTION PLAINTIFFS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE AN OVERLENGTH BRIEF

15 ELENA DEL CAMPO, et al. on behalf of
themselves and all others similarly 16 situated,

17 18 v. 19

Plaintiffs,

AMERICAN CORRECTIVE COUNSELING 20 SERVICES, INC., et al.

21

Defendants. Civ. No. 03-2611 JW

22 AND CONSOLIDATED ACTION

23 To Defendants and to their Attorneys of Record 24 25 26
Civ. No. 01-21151-PLAINTIFFS' ADMIN. MOT. FOR OVERLENGTH BRIEF: Page 1

PLEASE TAKE NOTICE that plaintiffs are filing this administrative motion for leave to file a Motion for Partial Summary Judgment and Injunction Against American

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1 Corrective Counseling Services, Inc. which is thirty-five pages in length, exclusive of 2 cover, tables and signatures. 3 4 5 6 7 8 9
In support of this motion plaintiffs state that in their motion they are dealing with issue of coverage and liability under the Fair Debt Collection Practices Act, the California Unfair Business Practices Act, and the right of privacy under the California Constitution, and whether a permanent injunction should issue, prohibiting defendant from continuing to engage in any conduct that this Court determines is unlawful. It is not possible to adequately address these matters in twenty-five pages. In actions against this same defendant in Indiana, Hamilton v. ACCS, and Florida, Rosario v. ACCS, plaintiffs filed summary judgment motions and memoranda of similar length. Plaintiffs conducted

10 counsel for defendants to seek their agreement to file a thirty-five page brief. Counsel for 11 ACCS stated that although ACCS objected to plaintiffs' filing this motion, ACCS would not 12 object to the length of the brief. Counsel did not explain the basis for the objection. 13 Counsel for the other defendants did not respond. 14
WHEREFORE, plaintiffs respectfully request that their motion be granted, and that

15 they be permitted to file a thirty-five page brief, exclusive of cover, tables and signatures. 16 17 DATED: January 15, 2009 18 19 20 21 22 23 24 25 26
Civ. No. 01-21151-PLAINTIFFS' ADMIN. MOT. FOR OVERLENGTH BRIEF: Page 2

LAW OFFICES OF PAUL ARONS By s/ Paul Arons PAUL ARONS SHARON GRACE Attorneys for Plaintiffs

1 Additional Plaintiffs' Counsel 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
*** ORDER ***
Admin Mot Overlenght Brief 011509

O. Randolph Bragg, Ill. Bar #06221983 HORWITZ, HORWITZ & ASSOCIATES 25 East Washington, Suite 900 Chicago, IL 60602 [phone] Ronald Wilcox, State Bar #176601 LAW OFFICE OF RONALD WILCOX 2160 The Alameda, 1st Flr., Suite F San Jose, CA 95126 Tel: [phone] Fax: [phone]

Lester A. Perry (2571) Hoole & King 4276 South Highland Drive Salt Lake City, Utah 84124 Telephone: [phone] Fax: [phone] E-mail: [e-mail]

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In light of the procedural posture of the case, the Court DENIES this request as

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Civ. No. 01-21151-PLAINTIFFS' ADMIN. MOT. FOR OVERLENGTH BRIEF: Page 3

premature and without prejudice to be renewed once and if the Court sets a schedule for Plaintiffs' Motion for Summary Judgment.

Dated: February 20, 2009

_________________________ JAMES WARE United States District Judge