Basham v. Midland Funding, LLC et al

Filing 42

ORDER Setting Briefing Schedule and Denying in Part Plaintiff Basham's Objection to Transfer and Motion to Compel Discovery. (ECF No. 41 ) The Court DENIES AS PREMATURE Plaintiff's request to opt-out of a class. The Court construes Plainti ff's motion to compel as a dispute regarding the sufficiency of Defendants' production of Plaintiff-specific information (see ECF No. 608 at 4) and production of information relating to Defendants' dialing technology and practices (id. at 5-6). Accordingly, Defendants' must file a response in opposition to Plaintiff's motion, if any, on or before December 20, 2019. Signed by Magistrate Judge Mitchell D. Dembin on 12/11/2019. (All non-registered users served via U.S. Mail Service) (tcf)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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IN RE: MIDLAND CREDIT
MANAGEMENT, INC.,
TELEPHONE CONSUMER
PROTECTION ACT LITIGATION

Case No.: 11md2286-MMA-MDD
Member Case Nos.: 15cv1479-MMAMDD and 15cv2282-MMA-MDD

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ORDER SETTING BRIEFING
SCHEDULE AND DENYING IN
PART PLAINTIFF BASHAM’S
OBJECTION TO TRANSFER AND
MOTION TO COMPEL
DISCOVERY

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[ECF No. 721]

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Plaintiff Angela Basham in member case numbers 15cv1479-MMA-

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MDD and 15cv2282-MMA-MDD moves to “den[y] being transferred” to the

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class action and to compel Defendants in this multi-district litigation (“MDL”)

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to supplement their discovery responses. (ECF No. 721). First, Plaintiff

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explains that she does not want to be a part of a class in this MDL. (Id. at 4-

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5). The class Plaintiff requests to opt-out of has not been certified.

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Accordingly, the Court DENIES AS PREMATURE Plaintiff’s request to opt-

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11md2286-MMA-MDD

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out of a class.1 The Court construes Plaintiff’s motion to compel as a dispute

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regarding the sufficiency of Defendants’ production of Plaintiff-specific

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information (see ECF No. 608 at 4) and production of information relating to

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Defendants’ dialing technology and practices (id. at 5-6). Accordingly,

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Defendants’ must file a response in opposition to Plaintiff’s motion, if any, on

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or before December 20, 2019. No reply briefs will be accepted absent leave

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of the Court. The Court will issue a written ruling in due course upon

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completion of the briefing and without oral argument.
IT IS SO ORDERED.

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Dated: December 11, 2019

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Plaintiff will have an opportunity in the future to opt-out of any certified class.
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