Legendre v. GC Services, LP

Filing 14

ORDER granting as modified 13 Discovery Plan. Length of Trial 2 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. So Ordered by Magistrate Judge Daniel J. Lynch. Summary Judgment Motions due by 6/15/2012. Dispositive Motion Filing Deadline 12/1/2011. Mediation Follow Up on 1/9/2012. (dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

KEVIN & SHERRIE LEGENDRE
Plaintiffs,
Case No.: l:ll-cv-00271 JD
GC SERVICES, LP.
Defendant.

AUGUST 10,2011

DISOVERY PLAN
Fed. R. Civ. P. 26 (f)
Pursuant and subject to the provisions of FRCP 26(f), counsel for the Plaintiffs, Angela K.
Troccoli , Esquire and counsel for the Defendant, Andrew M. Schneiderman, Esquire have
conferred concerning an agenda of matters to be discussed at the scheduling conference (presently
scheduled for September 1, 2011) and a proposed pretrial schedule for the case.
The parties do not request a pretrial conference with the Court before entry of a
scheduling order pursuant to Fed. R. Civ. P. 16(b) and hereby submit the following Discovery
Plan:

CERTIFICATION:
Undersigned counsel certify that, after consultation with their clients, they have discussed
the nature and basis of the parties' claims and defenses and any possibilities for achieving a
prompt settlement or other resolution of the case and, in consultation with their clients, have
developed the following proposed case management plan. Counsel further certify that they have
forwarded a copy of this report to their clients.

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CASE SUMMARY

1.

THEORY OF LIABILITY:
This is an action for damages brought by two consumers for Defendant's alleged

violations of the Fair Debt Collection Practices Act, 15 U S.C. § 1692, et seq., which prohibits
debt collectors from engaging in abusive, deceptive, and unfair practices.

2.

THEORY OF DEFENSE:
Defendant denies all allegations of harassment and all alleged wrongdoing under the

FDCPA.

3.

DAMAGES:
Declaratory relief is available pursuant to 28 U.S.C. §§ 2201 and 2202. Plaintiffs are

seeking the following:
a.
b.

Statutory damages of $1,000.00 for each violation;

c.

Plaintiffs' attorneys' fees and costs including court costs; and

d.

4.

All actual compensatory damages suffered;

Any other relief deemed appropriate by this Honorable Court

JURISDICTIONAL QUESTIONS:
Jurisdiction of this court arises pursuant to 15 U.S.C. § 1692k(d), which states that such

actions may be brought and heard before "any appropriate United States District Court without

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regard to the amount in controversy," and 28 U.S.C. § 1331 grants this court original jurisdiction
of all civil actions arising under the laws of the United States. Defendant conducts business
within the State of New Hampshire and therefore, personal jurisdiction is established.
Venue is proper in this district pursuant to 28 U.S.C § 1391(b)(1).

5.

DEMAND:
Plaintiffs will submit a settlement demand to Defendant 14 days after this Court enters the

Scheduling Order. Defendant will submit an offer to Plaintiffs by October 1, 2011.

6.

TYPE OF TRIAL:
Parties hereby demand a trial by jury on all issues so triable.

DISCOVERY
7.

TRACK ASSIGNMENT:
Standard track of twelve (12) months required.

8.

DISCLOSURES:
Initial Disclosures shall be completed 14 days after this Court enters the Scheduling

Order.

9.

COMPLETION OF DISCOVERY:
(a) Fact Discovery: All fact discovery shall be completed on or before May 14, 2012
(b) Depositions shall be completed by July 13, 2013. J^nc 1 7.o \2. .

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(c) The parties anticipate that the plaintiffs will require a total of five (5) depositions of
fact witnesses including the 30b6 of GC Services, LP and/or the Person Most
Knowledgeable about the alleged collection account of Plaintiffs; the employees of GC
Services, LP identified in the complaint as "Bill", "Roberta Patten", "Phil" & "D.
Finney" who called the Plaintiffs. And the defendant, GC Services, LP will require a
total of two (2) depositions of fact witnesses and reserves the right to conduct
additional depositions.
(d) The parties will not request permission to serve more than 25 interrogatories.

10.

EXPERT DISCLOSURE:
Plaintiffs' expert disclosures, if any, shall be made on or before April 2, 2012, and

defendant's disclosure within 30 days after Plaintiffs' are complete.

11.

EXPERT DISCOVERY:
If any, shall be completed by Jtino 1, 201i2. Challenges to Expert Testimony no later than

Soptcmbor 17, 2012.-

12.

DISPOSITIVE MOTIONS:
Motion to Dismiss: On or before December 1, 2011.
Motion for Summary Judgment: On or before My 25, 2012. J u n-c I S ( 2- 0 12
"
OTHER ITEMS

13.

NAMING ADDITIONAL PARTIES/AMENDING PLEADINGS:

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These requests shall befiledby September 30, 2011, with oppositions due 15 days after
their filing.

14.

PENDING MOTIONS:
None.

15.

TRIAL BY MAGISTRATE JUDGE
The Parties do not consent to a trial by Magistrate Judge.

16.

TRIAL ESTIMATE:
The parties jointly estimate that the trial will require two (2) full days.
The case will be ready for trial by Deccmbe,!1 1, 2012.

17.

PRELIMINARY PRETRIAL CONFERENCE:
The parties do not request a preliminary pretrial conference with the Court before entry of

the scheduling order.

18.

SETTLEMENT PROPOSALS:
No settlement discussions have taken place as of thefilingof this Joint Discovery Plan.

The Parties certify that they have considered the desirability of attempting to settle the case before
undertaking significant discovery or motion practice. At this time the use of Mediation is not
required. The possibility of settlement is likely.

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19.

JOINT STATEMENT REGARDING MEDIATION:
If the Parties are unable to settle the case and decide to use Mediation, all required

paperwork/certification will befiledwith the Court no later than January 9, 2012.

Respectfully Submitted,

KEVIN & SHERRIE LEGENDRE,
By their attorney,

DEFENDANT, GC SERVICES, LP
By their attorneys,

/s/Angela K. Troccoli
Angela K. Troccoli, Esquire, Bar Id#18539
Kimmel & Silverman, P.C.
The New England Office
60 Hartford Pike, PO Box 325
Dayville, CT 06241
[phone]
atroccoli@,lemonlaw.com

/s/Andrew M. Schneiderman
Andrew Schneiderman, Esquire, pro hac counsel
Geoffrey M. Coan, Esquire, Bar Id#16216
Hinshaw & Culbertson, LLP
28 State Street, 24lh Floor
Boston, MA 02109
[phone]
aschneiderman(@hinshawlaw. com

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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

KEVIN & SHERRIE LEGENDRE
Plaintiffs,
Case No.: l:ll-cv-00271 JD
GC SERVICES, LP.
Defendant.

CERTIFICATE OF SERVICE
I, Angela K. Troccoli, Esquire, hereby certify that I have this 10th day of
August, 2011, a copy of the foregoing was filed electronically and served by mail on anyone
unable to accept electronic filing. Notice of thisfilingwill be sent by e-mail to all parties by
operation of the Court's electronicfilingsystem or by mail to anyone unable to accept electronic
filing as indicated on the Notice of Electronic Filing. Parties may access thisfilingthrough the
Court's CM/ECF System.
Andrew M. Schneiderman, Esquire
Geoffrey M. Coan, Esquire
Hinshaw & Culbertson, LLP
28 State Street, 24th Floor
Boston, MA 02109
aschneiderman@,hinshawlaw. com
gcoan(g),hinshawlaw. com

/s/Angela K. Troccoli
Angela K. Troccoli, Esquire
Id#18539