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