Opinion
CASE NO.: 2:12-cv-01443-TLN-AC
04-30-2013
MITCHELL LANE CULLITON, Plaintiff, v. PORTFOLIO RECOVERY ASSOCIATES, LLC, Defendant.
SIMMONDS & NARITA LLP Lindsey A. Morgan Attorneys for Defendant Portfolio Recovery Associates, LLC. LAW OFFICES OF TODD M. FRIEDMAN, Nicholas J. Bontrager Attorneys for Plaintiff Mitchell Lane Culliton
TOMIO B. NARITA (SBN 156576)
tnarita@snllp.com
LINDSEY A. MORGAN (SBN 274214)
lmorgan@snllp.com
SIMMONDS & NARITA LLP
44 Montgomery Street, Suite 3010
San Francisco, CA 94104-4816
Telephone: (415) 283-1000
Facsimile: (415) 352-2625
Attorneys for Defendant
Portfolio Recovery Associates, LLC
STIPULATION AND ORDER TO
CONTINUE CERTAIN PRE-
TRIAL SCHEDULING DATES
Whereas Plaintiff MITCHELL LANE CULLITON ("Plaintiff") and Defendant PORTFOLIO RECOVERY ASSOCIATES, LLC ("PRA"), hereby stipulate and agree as follows:
1. On July 30, 2012, this Court entered a Status (Pretrial Scheduling) Order stating that all dispositive motions in this case shall be filed by May 8, 2013, and that hearing on such motions shall be on June 5, 2013 at 9:30 a.m.
2. On April 3, 2013, this case was reassigned from the courtroom of District Judge John A. Mendez to the courtroom of District Judge Troy L. Nunley.
3. The first open hearing date for a dispositive motion in Judge Nunley's courtroom is Thursday, July 25, 2013.
4. The parties hereby stipulate and agree to continue the dispositive motion hearing deadline to July 25, 2013, which is the next available hearing date, or the first available hearing date thereafter convenient for the Court. Because the motion cannot be heard until July 25, 2013, the parties also stipulate and agree to continue the filing deadline for all dispositive motions to June 14, 2013.
5. The parties hereby stipulate and agree to continue the pre-trial conference date currently set for July 19, 2013 to September 12, 2013 or September 13, 2013, or a date thereafter convenient for the Court.
6. The parties hereby stipulate and agree to continue the trial date currently set for August 26, 2013 at 9:00 a.m. to November 18, 2013, or a date thereafter convenient for the Court.
Therefore, the parties respectfully request this Honorable Court to enter an Order, extending the dispositive motion filing date to June 14, 2013, the hearing date for dispositive motions to July 25, 2013, the pre-trial conference to September 12 or 13, 2013, and the trial date to November 18, 2013. IT IS HEREBY STIPULATED.
SIMMONDS & NARITA LLP
By: __________________________
Lindsey A. Morgan
Attorneys for Defendant
Portfolio Recovery Associates, LLC.
LAW OFFICES OF TODD M. FRIEDMAN,
By: __________________________
Nicholas J. Bontrager
Attorneys for Plaintiff
Mitchell Lane Culliton
ORDER
It is hereby ORDERED that the dispositive motion filing deadline is extended to June 14, 2013, and the hearing date for dispositive motions is set for July 25, 2013. The pretrial conference is reset for September 19, 2013, at 2:00 p.m., and the trial date is reset for November 18, 2013, at 9:00 a.m.
__________________________
Troy L. Nunley
United States District Judge