Opinion
CASE No.: 2:12-cv-01432-GEB-CKD
03-19-2013
REX MATTSON, Plaintiff, v. MIDLAND FUNDING, LLC, MIDLAND CREDIT MANAGEMENT, INC., and ENCORE CAPITAL GROUP, INC., Defendants.
KIMMEL & SILVERMAN, P.C. Amy L. Bennecoff Attorneys for Plaintiff Rex Mattson SIMMONDS & NARITA LLP TOMIO B. NARITA ARVIN C. LUGAY Attorneys for Defendants Midland Funding, LLC, Midland Credit Management Inc., and Encore Capital Group, Inc.
TOMIO B. NARITA (SBN 156576)
tnarita@snllp.com
ARVINC. LUGAY (SBN 242599)
alugay@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 defendants
Midland Funding, LLC,
Midland Credit Management, Inc., and
Encore Capital Group, Inc.
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE
DISCOVERY COMPLETION
DATE
Whereas Plaintiff REX MATTSON ("Plaintiff") and Defendants MIDLAND FUNDING, LLC ("Midland"), MIDLAND CREDIT MANAGEMENT, INC. ("MCM"), and ENCORE CAPITAL GROUP, INC. ("Encore") (collectively, "Defendants") hereby stipulate and agree as follows:
1. On October 10, 2012, this Court entered a Status (Pretrial Scheduling) Order stating that discovery in this case shall be completed by March 22, 2013.
2. Pursuant to Rule 30(b)(6) of the Federal Rules of Civil Procedure, the deposition of defendant MCM's person most knowledgeable was noticed for March 12, 2013.
3. Pursuant to Rule 30 of the Federal Rules of Civil Procedure, the deposition of Plaintiff was noticed for March 19, 2013.
4. Due to a discovery scheduling conflict, Plaintiff postponed his deposition of defendant MCM's person most knowledgeable to a date after March 18, 2013.
5. Due to a serious illness, MCM's person most knowledgeable will be physically unable to participate in a deposition for the next thirty (30) to sixty (60) days from the date of this Stipulation.
6. In order to allow Plaintiff to take the deposition of MCM's person most knowledgeable, the parties stipulate and agree to continue the date for the completion of discovery in this case for an additional ninety (90) days.
7. The parties stipulate and agree to postpone the deposition of Plaintiff until MCM's person most knowledgeable is also available for deposition.
Therefore, the parties respectfully request this Honorable Court to enter an Order, extending the time to complete discovery by an additional ninety (90) days. The parties also respectfully request that the Court continue the trial and all existing pretrial deadlines ninety (90) days. IT IS HEREBY STIPULATED.
RESPECTFULLY SUBMITTED,
By: ________________________
KIMMEL & SILVERMAN, P.C.
Amy L. Bennecoff
Attorneys for Plaintiff Rex Mattson
By: ________________________
SIMMONDS & NARITA LLP
TOMIO B. NARITA
ARVIN C. LUGAY
Attorneys for Defendants
Midland Funding, LLC,
Midland Credit Management Inc., and
Encore Capital Group, Inc.
The discovery completion date is July 9, 2013. The last hearing date for law and motion is September 9, 2013 at 9:00 a.m. The pretrial conference is rescheduled for November 4, 2013 at 3:30 p.m. A joint pretrial statement shall be filed seven days prior to the hearing. The trial is rescheduled for February 14, 2014 at 9:00 a.m. IT IS SO ORDERED.
________________________
GARLAND E. BURRELL, JR.
Senior United States District
Judge