Free Reply Memorandum - District Court of California - California

ase 4:07-cv—02850-CW Document 14 Filed 08/21/2007 Page 1 of3
1 TOMIO B. NARITA (SBN 156576%
JEFFREY A. TOPOR (ISBN 19554 )
2 SIMMONDS & NARI A LLP ,
44 Montgomeqr Street, Su1te 3010
3 San Franc1sco, CA 94104-4816 E
Telephone: (41%) 283-1000
4 Facs;1m11e: (41 ) 352-2625
tnar1ta§cEsn11§ .com
5 to or _Psn com
6 Attorneys for Defendant
Afn1, Inc.
7
8 UNITED STATES DISTRICT COURT
9 NORTHERN DISTRICT OF CALIFORNIA
10
ll DERWIN GRANT, CASE NO.: C 07 2850 CW
12 Plaintiff, SUPPLEMENTAL REPLY
MEMORANDUM OF POINTS
13 VS. AND AUTHORITIES IN SUPPORT
OF DEFENDANT’S MOTION FOR
14 AFN1, INC., JUDGMENT ON THE
PLEADINGS
15 Defendant.
16 Date: Scgntember 6, 2007
T1me: 2: 0 515111.
17 Ctrmi 2, 4*h Ioor
18 The Honorable Claudia Wilken
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GRANT V. AFNI. INC. {CASE NO. C 07 2850 CW];
SUPPLEMENTAL REP Y MEMO ISO MOTION OR JUDGMENT ON THE PLEADINGS

Case 4:07-cv-02850-CW Document 14 Filed 08/21/2007 Page 2 of 3
1 I. ARGUMEN T
2 On July 26, 2007, the Court issued an order continuing the hearing of
3 Defendant’s pending Motion For Judgment On The Pleadings and setting a nirther
4 briefing schedule. The Court noted that Plaintiff had not filed an opposition to
5 Defendant’s motion and ordered Plaintiff to do so by August l6. The Court
6 informed Plaintiff that if he failed to tile a timely opposition, "the Court will
7 decide the motion on the record before it," and "reminded [Plaintiff] that if he does
8 not file and serve a written opposition, the Court may deem this failure to act to be
9 consent to the granting of Defendant’s Motion for Judgment on the Pleadings."
10 The Court also stated that "[t]his notice shall constitute the only such notice from
11 the Court concerning the Defendant’s motion." »
12 As of August 2 l , Plaintiff has not filed an opposition. Consistent with the
l3 Court’s July 26 Order, Defendant renews its request that the Court deem Plaintiff s
14 failure to file an opposition as his consent to the granting of Defendant’s motion.
15 II. CONCLUSION
16 For the unopposed reasons stated in Defendant’s Memorandum of Points
17 and Authorities, the Motion For Judgment On The Pleadings should be granted.
18 Plaintiff has failed to indicate that he can amend his complaint to assert facts that
19 would state a valid claim under the FDCPA or the FCRA. Nor could he.
29 Accordingly, Defendant respectfully requests that this Court issue an Order,
21 pursuant to Rule l2(c) of the Federal Rules of Civil Procedure, granting judgment
22 in its favor with prejudice.
23 DATED: August 21, 2007 AY;RN1A2RITA LLP
24 JEFFREY A. TOPOR
25 By: s/Jeffrey A. Topor
26 Jeffrey A. Topor
27 Attorneys for Defendant
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€§éf»l.lii¥lrt%h’§§pl€rAl$r%l`l‘8·l‘§8M3il§§“%OR JUDGMENT ON THE PLEADINGS 2.

Case 4:07-cv—02850-CW Document 14 Filed 08/21/2007 Page 3 of 3
I PROOF OF SERVICE
2
3 I, the undersigned, declare: W
4 I am employed in the City and County of San Francisco, California. I
5 am over the age of eighteen years and not a party to this action. My businessw pp
address is 44 Montgomery Street, Suite 3010, San Francisco, California 94104-
6 4816.
7 I am readily familiar with the business practices of my employer,
8 Simmonds & Narita LLP, for the collection and processing of correspondence by
9 mailing with the United States Postal Service and that said correspondence is
deposited with the United States Postal Service that same day in the ordinary
10 course of business.
1 1
On this date, I served a copy of the following document:
12
i 3, 1) SUPPLEMENTAL REPLY MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT OF DEFENDANT’S
14 MOTION FOR JUDGMENT ON THE PLEADINGS
15
16 by causing such document to be placed in a sealed envelope for
collection and delivery by the United States Postal Service to the addressee
17 indicated below:
8
I VIA U.S. MAIL
19
20 Derwin Grant
21 245 Henry Street
San Francisco, CA 941 14
22 Plaintiff in Pro Per
23
21 I declare under penalty of perjury under the laws of the State of
25 California that the foregoing is true and correct. Executed at San Francisco,
26 California on this 21 st day of August, 2007.
28 y , ’—’_‘·
I I
V Stephanie Schmitt

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