Bretana v. International Collection Corporation et al

Filing 44

ORDER RE 43 PLAINTIFF'S FURTHER CASE MANAGEMENT STATEMENT AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. Further Case Management Conference set for 12/5/2008 10:30 AM. Signed by Judge Jeremy Fogel on 10/2/08. (jflc2, COURT STAFF) (Filed on 10/2/2008)

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Fred W. Schwinn (SBN 225575) [e-mail] Raeon R. Roulston (SBN 255622) raeon. [e-mail] CONSUMER LAW CENTER, INC. 12 South First Street, Suite 1014 San Jose, California 95113-2418 Telephone Number: [phone] Facsimile Number: [phone] O. Randolph Bragg (IL Bar No. 6221983) Craig M. Shapiro (IL Bar No. 6284475) HORWITZ, HORWITZ & ASSOCIATES, LTD. 25 East Washington Street, Suite 900 Chicago, Illinois 60602-1716 Telephone Number: [phone] Facsimile Number: [phone] Email Address: [e-mail] Attorneys for Plaintiff CRIS JAO BRETANA

**E-Filed 10/2/08**

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION CRIS JAO BRETANA, on behalf of himself and all others similarly situated, Plaintiff, v. INTERNATIONAL COLLECTION CORPORATION, a California corporation, and CHARLES D. HENDRICKSON, individually and in his official capacity, LUIGI CIOPPA, individually and in his official capacity, and FRANKLIN JAY LOVE, individually and in his official capacity, Defendants. The initial case management conference in this matter was held on May 2, 2008. Subsequently, Plaintiff propounded written discovery to Defendants. Defendants responded with boilerplate objections and failed to produce any documents. After meeting and conferring with -1REQUEST TO CONTINUE CMC Case No. C07-05934-JF-HRL

Case No. C07-05934-JF-HRL PLAINTIFF'S FURTHER CASE MANAGEMENT STATEMENT AND REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE AND ---R---P---S-----] ORDER [P-- O - O - ED

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Defendant's counsel, Plaintiff was ultimately forced to file a Motion to Compel Discovery Responses, which was granted in whole. On September 22, 2008, Judge Lloyd entered an Order requiring Defendants to supplement their written discovery responses and produce all documents responsive to Plaintiff's discovery requests no later than October 3, 2008. Once Defendants have supplemented their discovery

responses and produced the appropriate documents, Plaintiff intends to notice the depositions of several Defendants to take place in November. Additionally, the parties attended a mediation session with Carol Webster Millie on September 22, 2008. Unfortunately the parties were unable to settle this matter. In light of the foregoing and the ongoing discovery in this case, Plaintiff respectfully requests that the Case Management Conference currently set for October 3, 2008, at 10:30 a.m., be continued for sixty days.

Dated: October 1, 2008

/s/ Raeon R. Roulston Raeon R. Roulston, Esq. Attorney for Plaintiff CRIS JAO BRETANA

[PROPOSED] ORDER Having considered the Plaintiff's Request to Continue Case Management Conference, the 12/5/08 request is GRANTED. A Case Management Conference shall be held on ___________________, at 10:30 a.m. in Courtroom 3. 10/2/08 Honorable Jeremy Fogel United States District Judge

Dated:

-2REQUEST TO CONTINUE CMC Case No. C07-05934-JF-HRL