Free Report of Rule 26(f) Planning Meeting - District Court of California - California

Case 5:08-cv-02532-JF

Document 7

Filed 08/27/2008

Page 1 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Jeremy S. Golden (SBN 228007) LAW OFFICES OF ERIC F. FAGAN 2300 Boswell Road, Suite 211 Chula Vista, CA 91914 [email protected] Tel: 619-656-6656; Fax: 775-898-5471 Attorney for Plaintiff

Andrew M. Steinheimer (SBN 200524) ELLIS, COLEMAN, POIRIER, LAVOIE & STEINHEIMER, LLP 555 University Ave., Suite 200 East [email protected] Tel: 916-283-8820; Fax: 916-283-8821 Attorney for Defendants

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SANDRA BAXTER, ) ) Plaintiff ) ) v. ) ) CREDIT CONSULTING SERVICES, ) INC; et al, ) ) Defendants ) ) ) ) Case No.: 5:08-CV-02532-RS JOINT RULE 26(f) REPORT CMC: September 10, 2008 Time: 2:30 p.m. Dept.: 4

The Honorable Richard Seeborg

The parties in the above action jointly submit this Rule 26(f) report and Proposed Discovery Plan: 1. JURISDICTION AND SERVICE Jurisdiction of this Court arises under 15 U.S.C. §1692k(d) and 28 U.S.C. §1337. Plaintiff served Defendant Herendeen & Bryon on June 10, 2008. Defendant Credit Consulting Services executed a waiver of service form on June 20, 2008. Both Defendants have filed an answer to the complaint.
1
JOINT RULE 26(f) REPORT

Case 5:08-cv-02532-JF

Document 7

Filed 08/27/2008

Page 2 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

2.

FACTS Plaintiff: Plaintiff alleges that Defendants violated numerous provisions of the federal Fair Debt

Collection Practices Act ("FDCPA"), and the California Rosenthal Act in its attempts to collect a consumer debt from Plaintiff. Plaintiff alleges, inter alia, that Defendants sued Plaintiff to collect a hospital debt that it knew or should have known did not belong to her. Plaintiff is entitled to statutory damages, actual damages, attorneys fees and costs under the Rosenthal Act and the FDCPA. Defendants: Defendants deny Plaintiff's allegations and contests Plaintiff's damage claims. 3. 4. LEGAL ISSUES See above. MOTIONS There are no motions pending. Both Plaintiff and Defendants may file a motion for summary judgment. 5. 6. 7. AMENDMENT OF PLEADINGS Plaintiff does not anticipate amending the pleadings. EVIDENCE PRESERVATION The parties will preserve all relevant evidence in their custody and control. DISCLOSURES The parties will exchange by September 12, 2008, the information required by Fed. R. Civ. P. 26(a)(1). 8. DISCOVERY (a) Plaintiff's discovery will be directed toward the underlying debts in the Action

and all attempts made by Defendant to collect those debts, including but not limited to all reports made by Defendants to credit reporting agencies. Plaintiff's discovery will also be directed toward the employee training program, and employee supervision practices of Defendants. Plaintiff will also conduct discovery into Defendants' affirmative defenses.
2
JOINT RULE 26(f) REPORT

Case 5:08-cv-02532-JF

Document 7

Filed 08/27/2008

Page 3 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(b) (c) (d) 33 (e) (f) 9. 10. 11.

Defendants' discovery will be directed toward Plaintiff's allegations, damages Discovery will proceed according to the Federal Rules of Civil Procedure and is Requests and responses to interrogatories shall be governed by Fed. R. Civ. P. Requests for Admission shall be governed by Fed. R. Civ. P. 36. Plaintiff anticipates taking PMK depositions of both Defendants. Defendant

and affirmative defenses. not to be conducted in phases or otherwise limited.

anticipates taking Plaintiff's deposition. CLASS ACTIONS N/A RELATED CASES There is a state court collection action pending on the underlying debts. RELIEF Plaintiff seeks statutory damages, actual damages, attorneys fees and costs under the Rosenthal Act and the FDCPA. 12. 13. SETTLEMENT AND ADR The parties agree to use the court's mediation services. CONSENT TO A MAGISTRATE JUDGE FOR ALL PURPOSES Plaintiff consents to a magistrate judge. The Defendants do not consent to a magistrate judge for all purposes. 14. 15. 16. //
3
JOINT RULE 26(f) REPORT

OTHER REFERENCES N/A NARROWING OF ISSUES N/A EXPEDITED SCHEDULE N/A

Case 5:08-cv-02532-JF

Document 7

Filed 08/27/2008

Page 4 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

17.

SCHEDULING (a) (b) (c) (d) (e) (f) Experts shall be disclosed by December 31, 2009. Discovery shall be completed by March 31, 2009. Dispositive motions shall be heard by April 30, 2009. Pre-trial conference shall occur on June 1, 2009. Trial shall commence on June 22, 2009. Defendants request that this case be stayed until the resolution of the underlying

collection action. Plaintiff has sued CCS and its attorney for conduct related to the underlying case. Defendants believe that the resolution of the underlying case may affect the outcome and claims in this case. Further, by suing CCS' attorney for prosecuting the underlying case, a potential conflict has arisen and issues of attorney-client privilege and attorney work-product will necessarily be implicated in the discovery proceedings in this action. For these reasons, Defendants request that the instant federal action be stayed under the underlying collection action is resolved. Plaintiff opposes such a request. 18. 19. 20. TRIAL Plaintiff requested a jury trial and estimates the trial will take three days. DISCLOSURE OF NON-PARTY INTERESTED ENTITIES OR PERSONS Plaintiff does not know of any non-party interested entities or persons. OTHER MATTERS Defendants request that this case be stayed until the resolution of the underlying collection action. Plaintiff has sued CCS and its attorney for conduct related to the underlying case. Defendants believe that the resolution of the underlying case may affect the outcome and claims in this case. Further, by suing CCS' attorney for prosecuting the underlying case, a potential conflict has arisen and issues of attorney-client privilege and attorney work-product will necessarily be implicated in the discovery proceedings in this action. For these reasons, Defendants request that the instant federal action be stayed under the underlying collection action is resolved. Plaintiff opposes such a request. //
4
JOINT RULE 26(f) REPORT

Case 5:08-cv-02532-JF

Document 7

Filed 08/27/2008

Page 5 of 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5
JOINT RULE 26(f) REPORT

Date: Aug. 27, 2008

LAW OFFICES OF ERIC F. FAGAN _____s/ Jeremy S. Golden_______________________ Jeremy S. Golden Attorney for Plaintiff

Date: Aug. 27, 2008

ELLIS, COLEMAN, POIRIER, LAVOIE, & STEINHEIMER, LLP ____s/ Andrew Steinheimer____________________ Andrew Steinheimer Attorney for Defendants