Piernicki v. Portfolio Recovery Associates, LLC et al

Filing 22

ORDER granting in part the Plaintiff's 20 Motion to Compel Discovery and Extend Time for Discovery. Portfolio shall respond to Plaintiff's Interrogatories and Requests for Production by or before July 31, 2013. Attorneys fees and costs will not be awarded and any objections asserted in Portfolio's discovery responses will not be deemed waived. The discovery deadline in this case is extended to August 30, 2013. Motions for summary judgment shall be filed no later than September 16, 2013. All other deadlines in this case remain as presently set. Ordered by Magistrate Judge F.A. Gossett. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROXANNE PIERNICKI,
Plaintiff,
V.
PORTFOLIO RECOVERY
ASSOCIATES, LLC, and
BRUMBAUGH & QUANDAHL, P.C.
LLC,
Defendants.

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8:12CV316

ORDER

Plaintiff filed a motion to compel (filing 20) in this action, maintaining that Defendant
Portfolio Recovery Associates, LLC (“Portfolio”) has failed to respond to Plaintiff’s
Interrogatories and Requests for Production. In addition to requesting that the Court order
Portfolio to respond to her discovery requests, Plaintiff asks that the discovery deadline be
extended thirty days from the date that Portfolio provides its outstanding discovery
responses.
Portfolio has responded to Plaintiff’s motion (filing 21), providing multiple reasons
for its failure to respond. In particular, Portfolio complains that an attorney unlicensed in
Nebraska, who has not entered an appearance in this case, has been communicating with its
counsel regarding the discovery requests. Portfolio claims that Plaintiff’s counsel of record
has not made efforts to contact its attorney regarding the outstanding discovery. Portfolio
does not object to responding to the discovery, or extending the discovery deadline, it
requests, however, that Plaintiff’s counsel of record communicate directly with Portfolio’s
counsel regarding issues in this case.
Having considered the circumstances presented here,
IT IS ORDERED:

1.

Plaintiff’s Motion to Compel Discovery and Extend Time for Discovery (filing
20) is granted, in part. Portfolio shall respond to Plaintiff’s Interrogatories and
Requests for Production by or before July 31, 2013. Attorneys fees and costs
will not be awarded and any objections asserted in Portfolio’s discovery
responses will not be deemed waived.

2.

The discovery deadline in this case is extended to August 30, 2013.

3.

Motions for summary judgment shall be filed no later than September 16,
2013.

4.

All other deadlines in this case remain as presently set.

DATED July 17, 2013.
BY THE COURT:
S/ F.A. Gossett
United States Magistrate Judge

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