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Newton v. American Debt Servs. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 22, 2011
Case No: 5:11-cv-03228-EMC (N.D. Cal. Nov. 22, 2011)

Opinion

Case No: 5:11-cv-03228-EMC

11-22-2011

HEATHER NEWTON, individually and) behalf of others similarly situated, PLAINTIFF, v. AMERICAN DEBT SERVICES, INC., a California corporation; QUALITY SUPPORT SERVICES, LLC, a California limited liability company; GLOBAL CLIENT SOLUTIONS, LLC; ROCKY MOUNTAIN BANK AND TRUST; and DOES 1-100, Defendants.

Respectfully submitted, GREENSPOON MARDER, P.A. RICHARD W. EPSTEIN (FLA. BAR NO: 229091) (Pro Hac Vice Admission) REBECCA F. BRATTER (FLA. BAR NO: 0685100) (Pro Hac Vice Admission) LAGARIAS & BOULTER, LLP ROBERT S. BOULTER (SBN 153549) Attorneys for Defendants GLOBAL CLIENT SOLUTIONS, LLC & ROCKY MOUNTAIN BANK & TRUST William R. Mitchell Justin M. Buhr LOGAN RETOSKE LLP Attorneys for Defendant, AMERICAN DEBT SERVICES, INC. and QUALITY SUPPORT SERVICES, LLC. TAVY A. DUMONT SBN (244946) LAW OFFICE OF TAVY A. DUMONT Attorney for Plaintiff and Proposed Class


RICHARD W. EPSTEIN (FLA. BAR NO: 229091)

(Pro Hac Vice Admission Pending)

REBECCA F. BRATTER (FLA. BAR NO: 0685100)

(Pro Hac Vice Admission Pending)

GREENSPOON MARDER, P.A.

ROBERT S. BOULTER (SBN 153549)

PETER C. LAGARIAS (SBN 77091)

LAGARIAS & BOULTER, LLP

Attorneys for Defendants

Global Client Solutions, LLC and

Rocky Mountain Bank and Trust

CLASS ACTION

PLAINTIFF HEATHER NEWTON,

DEFENDANTS' AMERICAN DEBT

SERVICES, INC., GLOBAL CLIENT

SOLUTIONS, LLC & ROCKY

MOUNTAIN BANK & TRUST

STIPULATION TO MODIFY

BRIEFING SCHEDULE AND DATE

OF HEARING ON DEFENDANTS'

MOTIONS TO COMPEL

ARBITRATION

In accordance with U.S. District Judge Edward M. Chen's Civil Standing Order, Plaintiff Heather Newton ("Plaintiff") and Defendants American Debt Services, Inc. ("ADS"), Rocky Mountain Bank & Trust ("RMBT") and Global Client Solutions, LLC ("Global") (collectively, "Defendants") (all, "Parties") file this Stipulation to Modify the Briefing Schedule and Date of the Hearing on Defendants' respective Motions to Compel Arbitration [D.E. 36 & 39], and state as follows:

WHEREAS, according to the parties' Stipulation dated October 10, 2011, Global and RMBT were to file their response to Plaintiff's Complaint on November 4, 2011 [D.E. 19].

WHEREAS, according to the parties' subsequent Stipulation dated November 4, 2011 [D.E. 34], Global and RMBT received one additional business day, to November 7, 2011, to file their response to Plaintiff's Complaint; and, on November 7, 2011, Global and RMBT filed their Motion to Compel Arbitration. [D.E. 36].

WHEREAS, pursuant to the original and subsequent Stipulations, Plaintiffs Response to Global's and RMBT's Motion to Compel Arbitration is due December 2, 2011 and the Reply thereto is due December 23, 2011.

WHEREAS, ADS filed its Motion to Compel Arbitration on November 9, 2011.

WHEREAS, Plaintiffs Response to ADS's Motion to Compel Arbitration is due November 23, 2011 and the Reply thereto is due November 30, 2011.

Whereas, the hearing on Defendants' respective Motions is set for December 16, 2011 at 1:30 p.m.

WHEREAS, after conferring with counsel for Plaintiff and ADS, due to competing time demands and the impending holidays, the Parties hereby stipulate that Plaintiff shall file her Response briefs to both Motions on December 23, 2011; and Defendants' shall have up through and including January 16, 2011 to file their respective Reply briefs.

. In the event that this Order is not entered prior to the deadline for which Plaintiff's Response to ADS's Motion to Compel Arbitration is due, then the normal Reply date of November 30, 2011 shall apply to ADS.

WHEREAS, the Parties stipulate to continuing the hearing on such Motions, which is currently set for December 16, 2011 to January 27, 2011 at 1:30 p.m.

WHEREAS, the Parties also suggest that the Case Management Conference currently set for January 27, 2011 be rescheduled for a date after which the Court rules upon Defendants' respective Motions to Compel Arbitration. This is the only effect the requested time modification has on the scheduling for this case.

WHEREFORE, Plaintiff and Defendants ADS, RMBT, and Global stipulate to extend the deadline for Responses to the Motions to Compel Arbitration to December 23, 2011, and the Replies thereto to January 16, 2011; and the hearing on same shall take place on January 27, 2011 at 1:30 p.m.

Respectfully submitted,

GREENSPOON MARDER, P.A.

RICHARD W. EPSTEIN

(FLA. BAR NO: 229091)

(Pro Hac Vice Admission)

REBECCA F. BRATTER

(FLA. BAR NO: 0685100)

(Pro Hac Vice Admission)

LAGARIAS & BOULTER, LLP

ROBERT S. BOULTER (SBN 153549)

Attorneys for Defendants GLOBAL

CLIENT SOLUTIONS, LLC & ROCKY

MOUNTAIN BANK & TRUST

William R. Mitchell

Justin M. Buhr

LOGAN RETOSKE LLP

Attorneys for Defendant, AMERICAN DEBT

SERVICES, INC. and QUALITY SUPPORT

SERVICES, LLC.

TAVY A. DUMONT SBN (244946)

LAW OFFICE OF TAVY A. DUMONT

Attorney for Plaintiff and Proposed Class

CERTIFICATE OF SERVICE

I hereby certify that on this 22nd day of November, 2011, I electronically filed the foregoing document with the Clerk of Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.

Richard W. Epstein

IT IS SO ORDERED that the oppositions shall be filed by 12/23/11. Replies shall be filed by 1/13/2012. The hearing is set for 1/27/12 at 1:30 p.m. The case management conference is also reset for 1/27/12 at 1:30 p.m. A joint CMC Statement shall be filed by 1/20/12.

Judge Edward M. Chen


Summaries of

Newton v. American Debt Servs. Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 22, 2011
Case No: 5:11-cv-03228-EMC (N.D. Cal. Nov. 22, 2011)
Case details for

Newton v. American Debt Servs. Inc.

Case Details

Full title:HEATHER NEWTON, individually and) behalf of others similarly situated…

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

Date published: Nov 22, 2011

Citations

Case No: 5:11-cv-03228-EMC (N.D. Cal. Nov. 22, 2011)