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Epstein v. Diversified Collection Servs. Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/DIVISION
Nov 29, 2011
CASE NO.: 3:11-cv-03984-MEJ (N.D. Cal. Nov. 29, 2011)

Opinion

CASE NO.: 3:11-cv-03984-MEJ

11-29-2011

JENNIFER EPSTEIN, Plaintiff, v. DIVERSIFIED COLLECTION SERVICES, INC., et. al., Defendants.

Lara R. Shapiro (SBN 227194) 4145 Via Marina #324 Attorney for Plaintiff, Jennifer Epstein


Lara R. Shapiro (SBN 227194)

4145 Via Marina #324

Attorney for Plaintiff, Jennifer Epstein

CASE MANAGEMENT STATEMENT AND REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE

Fed. R. Civ. P. 26(f)

Date: December 1, 2011

Time: 10:00 A.M.

Courtroom B, 15th Fl. - San Francisco

Hon. Maria- Elena James

Plaintiff JENNIFER EPSTEIN ("Plaintiff") submits this report in accordance with Rule 26(f) of the Federal Rules of Civil Procedure, and states that the Defendant has executed a waiver of service of process, the defendant's answer is now due on January 17, 2012, and the parties are still engaging in early settlement discussions. Plaintiff, on behalf of herself and Defendant requests the Scheduling Conference be continued to a time following the Defendant's Answer.

1. Jurisdiction and Service

Jurisdiction is proper pursuant to 15 U.S.C. § 1692k(d) and 28 U.S.C. § 1337. Defendant executed a waiver of service, filed November 9, 2011, Document 8. Defendant's Answer is due on January 17, 2012.

2. Facts

Plaintiff alleges that the Defendant contacted Plaintiff at her place of employment after being told not to contact her at work. Defendant told Plaintiff "We can take you to court." Defendant has not initiated legal action and does not have legal standing to do so.

Plaintiff also alleges that the Defendant contacted the secretary at her place of employment, and without Plaintiff's consent, alerted the secretary of Plaintiff's alleged debt, and repeatedly called asking to speak with Plaintiff.

Defendant has not yet filed its answer.

3. Legal Issues

Whether or not the Defendant's conduct violated the FDCPA.

4. Motions

There are no current motions and no motions anticipated at this time.

5. Amendment of Pleadings

Plaintiff does not intend to amend her pleadings.

6. Evidence Preservation

Plaintiff does not have any tape recordings or evidence to preserve other than testimony.

7. Disclosures

Disclosures will be made by January 31, 2012.

8. Discovery

No discovery has yet taken place, the scope of discovery includes evidence of Plaintiff's claims and evidence of Defendant's defenses. No discovery plan can be made without the Defendant's input.

9. Class Actions

This is not a class action.

10. Related Cases None.

11. Relief

Plaintiff seeks statutory damages of $1000 and reasonable attorney fees and costs.

12. Settlement and ADR

The parties are engaging in early settlement discussions. At this time, no agreement as to the ADR procedure has been reached because Defendant has not yet filed its Answer.

13. Consent to Magistrate

Plaintiff has consented to a magistrate judge for all purposes. Defendant has not yet consented or declined.

14. Other References

The Defendant has not yet answered and therefore the case cannot be suitable for alternative disposition.

15. Narrowing of Issues

At this time there are no issues that can be narrowed by motion or stipulation.

16. Expedited Trial Procedure

The Defendant has not yet answered so it cannot be agreed upon whether or not the case is suitable for expedited trial procedure.

17. Scheduling

No proposed dates can be given until Defendant answers and appears.

18. Trial

Plaintiff requests a jury trial and expects a three day trial.

19. Disclosure of Non-party Interested Entities or Persons

Plaintiff has filed the Certificate of Interested Entities or Persons, there are none. Defendant has not yet filed its answer or other documents.

20. Other Matters

There are no other matters at this time.

Lara Shapiro

Attorneys for Plaintiff, Jennifer Epstein

Judge Maria- Elena James


Summaries of

Epstein v. Diversified Collection Servs. Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/DIVISION
Nov 29, 2011
CASE NO.: 3:11-cv-03984-MEJ (N.D. Cal. Nov. 29, 2011)
Case details for

Epstein v. Diversified Collection Servs. Inc.

Case Details

Full title:JENNIFER EPSTEIN, Plaintiff, v. DIVERSIFIED COLLECTION SERVICES, INC., et…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO/DIVISION

Date published: Nov 29, 2011

Citations

CASE NO.: 3:11-cv-03984-MEJ (N.D. Cal. Nov. 29, 2011)