NEWMAN et al v. ENCORE CAPITAL GROUP, INC. et al

Filing 52

ORDER (1) Denying Plaintiff's 47 MOTION to Expedite Rule 16 Conference as Moot, (2) Denying Defendants' 49 Amended MOTION for Summary Judgment Without Prejudice, and (3) Setting Merits Discovery Period. (Merits Discovery due by 1/22/2018, TELEPHONIC Status Conference set for 2/1/2018 at 2:00 PM before District Judge Matthew F. Leitman. **PLEASE USE THE CALL-IN INFORMATION PREVIOUSLY PROVIDED**) Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOANNE NEWMAN, et al.,
Plaintiffs,

Case No. 16-cv-11395
Hon. Matthew F. Leitman

v.
ASSET ACCEPTANCE CAPITAL
CORP. a/k/a ASSET ACCEPTANCE, et al.,
Defendants.
__________________________________________________________________/
ORDER (1) DENYING PLAINTIFF'S MOTION TO EXPEDITE
RULE 16 CONFERENCE (ECF # 47) AS MOOT, (2) DENYING
DEFENDANTS' AMENDED MOTION FOR SUMMARY
JUDGMENT (ECF # 49) WITHOUT PREJUDICE,
AND (3) SETTING MERITS DISCOVERY PERIOD
On September 20, 2017, the Court held an on-the-record telephonic status
conference with counsel for all parties. For the reasons stated on the record, IT IS
HEREBY ORDERED that:
1.

Plaintiff's Motion to Expedite Rule 16 Conference (ECF #47) is

DENIED AS MOOT given that the Court addressed initial scheduling issues during
the status conference.

2.

Defendants' Amended Motion for Summary Judgment (ECF # 49) is

DENIED WITHOUT PREJUDICE. Defendants are not precluded from re-filing
a motion for summary judgment following the close of merits discovery.
3.

The parties shall have until January 22, 2018, to conduct merits

discovery, and during this four-month period, the parties shall not conduct discovery
related to possible class certification. The parties shall appear for a telephonic status
conference on February 1, 2018 at 2:00 p.m., to discuss next steps in the action.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: September 20, 2017

I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on September 20, 2017, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]