McHugh v Valarity, LLC

Filing 26

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Extension of Time 19 is GRANTED in part. Defendant is granted an extension of time, up to and including September 19, 2014, within which to depose Plaintiff and file its response to Plaintiffs Motion for PartialSummary Judgment. Signed by District Judge John A. Ross on 8/11/14. (ARL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CARA MCHUGH, Plaintiff, v. VALARITY, LLC, Defendant. ) ) ) No. 4:14-CV-858-JAR ) ) ) ) ) ) MEMORANDUM AND ORDER Pursuant to its order of August 6, 2014, the Court is now in receipt of Defendant's Reply in support of its motion for a sixty (60) day extension to conduct discovery before responding to Plaintiff's motion for partial summary judgment filed on July 21, 2014. (Doc. No. 22) Specifically, Defendant seeks to depose Plaintiff about the circumstances of the phone call she alleges gave rise to her FDCPA claim as well as information regarding her claim of actual damages. Plaintiff filed a sur-reply to Defendant's motion, arguing that an individual's knowledge or circumstances is irrelevant to the analysis of an FDCPA claims under the objective "unsophisticated consumer" standard, and that actual damages are not relevant to her motion, which is limited to liability. (Doc. No. 25) Upon consideration, the Court will grant Defendant an additional thirty (30) days to conduct limited discovery and file its response to Plaintiff's Motion for Summary Judgment. Accordingly, IT IS HEREBY ORDERED that Defendant's Motion for Extension of Time [19] is GRANTED in part. Defendant is granted an extension of time, up to and including September 19, 2014, within which to depose Plaintiff and file its response to Plaintiffs Motion for Partial Summary Judgment. -e;.l Dated this/L. aay of August, 2014. 0 -2- A.ROSS ITED STATES DISTRICT JUDGE

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