Danley, et al v. Encore Capital Group, Inc et al

Filing 35

ORDER Regarding Scheduling Conference. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JACOB J. DANLEY and
JEFFREY J. MACINTYRE, JR.,
Plaintiffs,
Case No. 15-CV-11535
vs.
HON. GEORGE CARAM STEEH
ENCORE CAPITAL GROUP, INC.,
MIDLAND FUNDING, LLC, and
MIDLAND CREDIT MANAGEMENT, INC.,
Defendants.
___________________________________/
ORDER REGARDING SCHEDULING CONFERENCE
On this date the court held a Rule 16 conference with counsel in the abovecaptioned case. At the conference, defendants’ counsel indicated his desire to further
investigate the contractual provisions that can be proven to govern the relationship
between the parties and the enforceability of the putative arbitration agreement.
Counsel asked for an additional 60 days to renew the request for an order referring the
matter to arbitration. The court GRANTS the request for an additional 60 days and
accordingly, defendants have until March 14, 2016 to renew their motion to compel
arbitration. In advance of filing their renewed motion, defendants are required to
produce all evidence they rely upon to establish the contractual provisions in place, if
any, that govern the determination of the motion. Failure to renew the request for
referral to arbitration with satisfactory evidence to establish the terms and conditions
pertinent to the motion will result in an order denying same with prejudice.

-1-

The court next considered a request by plaintiffs’ counsel for additional time to
conduct discovery before bringing a motion to amend their motion for class certification
[doc. 12]. The motion for class certification was filed May 18, 2015, and briefing on the
motion was stayed by stipulated order filed June 15, 2015. Now, therefore, for
purposes of case administration only,
IT IS HEREBY ORDERED that plaintiffs’ motion for class certification is DENIED
WITHOUT PREJUDICE. The court GRANTS plaintiffs’ request for additional time to
amend, giving plaintiffs until September 1, 2016 to file a renewed motion for class
certification.
Dated: January 13, 2016
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
January 13, 2016, by electronic and/or ordinary mail.
s/Marcia Beauchemin
Deputy Clerk

-2-