Carlos S. Camacho v. Jefferson Capital Systems, LLC

Filing 59

ORDER (1) continuing the trial date; (2) ordering the parties to meet and confer regarding the possible re-opening of fact discovery; and (3) vacating the May 21, 2015 hearing on plaintiff's motion for summary judgment and submitting that motion for adjudication without oral argument. Signed by Judge Beth Labson Freeman on 5/15/2015. (blflc3S, COURT STAFF) (Filed on 5/15/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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CARLOS S. CAMACHO,

Case No. 14-cv-02728-BLF

Plaintiff,
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v.
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JEFFERSON CAPITAL SYSTEMS, LLC,
Defendant.

ORDER RE: SUMMARY JUDGMENT,
SCHEDULING, AND CONTINUING
TRIAL DATES
[Re: ECF 42]

United States District Court
Northern District of California

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Both parties in the above-captioned action have moved for summary judgment or, in the

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alternative, summary adjudication of issues. The Court heard oral argument on Defendant’s

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motion on April 22, 2015, and is scheduled to hear oral argument on Plaintiff’s motion on May 21,

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2015.

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After Plaintiff filed his motion for summary judgment, the Court granted Plaintiff’s motion

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for leave to amend his Complaint to assert a new theory of liability regarding his FDCPA and

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Rosenthal Act claims. See ECF 48. In his motion for leave to amend the Complaint, Plaintiff

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requested that the Court continue dates, including the presently scheduled August 3, 2015 trial

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date, and re-open discovery in this action, in light of his new theory of liability and because he

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believed Defendant was likely to assert a bona fide error defense to this theory. On May 14, 2015,

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Defendant answered the amended complaint and asserted a bona fide error defense. ECF 58.

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On May 7, 2015, the parties appeared for case management and the Court retained the

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schedule as presently set. But in light of the current posture of the case and Plaintiff’s previous

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request to modify the case schedule, the Court HEREBY ORDERS AS FOLLOWS:

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1.

The current trial date of August 3, 2015, is CONTINUED to March 21, 2016. The

parties will appear for a pre-trial conference on February 18, 2016 at 2:30 p.m.

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2.

In light of the assertion of a bona fide error defense in Defendant’s Answer, the

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Court will entertain from Plaintiff a motion to re-open fact discovery. The parties are ORDERED

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to meet and confer regarding re-opening fact discovery no later than May 29, 2015, and if they

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are unable to reach an agreement, Plaintiff may file a motion to re-open fact discovery no later

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than June 12, 2015.

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3.

The May 21, 2015 hearing on Plaintiff’s motion for summary judgment is

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VACATED, and the motion is submitted for adjudication without oral argument pursuant to Civil

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Local Rule 7-1(b).

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United States District Court
Northern District of California

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IT IS SO ORDERED.
Dated: May 15, 2015
______________________________________
BETH LABSON FREEMAN
United States District Judge

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