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10-2781 - (PS) Causey et al v. Portfolio Acquisitions, LLC et al


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10-2781 - (PS) Causey et al v. Portfolio Acquisitions, LLC et al
February 17, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/16/11 ORDERING that the Initial Scheduling Conference is reset for 6/15/2011 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan.; the 10 Request to appear telephonically is DENIED as moot; status reports due on or before 6/1/11; pltf's 13 Motion to Amend is GRANTED; pltfs shall serve a copy of this order, as well as the October 14, 2010 order, concurrently with service of process on any newly added defendants; dft's opposition or statement of non-opposition to the motion to amend no later than 2/28/11; pltf's reply due on or before 3/7/11. (Manzer, C)
February 24, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/24/11 ORDERING that Plaintiffs' motion to file a first amended complaint, 13, is granted; Plaintiffs' first amended complaint, 14, is deemed the operative complaint in this action; Defendants shall file a response to plaintiffs' first amended complaint within fourteen days from the date this order is filed; and As provided in the 2/17/11 order issued in this action, plaintiffs shall serve a copy of the 2/17 order, 19, as well as the 10/14/10 order, 3, concurrently with service of process on any newly added defendants. (Becknal, R)
April 5, 2011
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/4/11 ORDERING that the April 13, 2011 hearing on plaintiffs' 33 motion to meet and confer is VACATED. Plaintiffs' motion to meet and confer is denied in part and granted in part, as provided above. On or before April 15, 2011, NCC shall file a corporate disclosure statement, as required by Federal Rule of Civil Procedure 7.1. (Duong, D)
January 4, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 01/04/12 ORDERING that plaintiffs' 49 Motion for Leave to File a Second Amended Complaint is GRANTED; within 7 days, plaintiffs shall file a copy of their second amended complaint as a separate docket entry; defendants who have already been served in this action shall file a response to plaintiffs' second amended complaint within 14 days from the date the second amended complaint is filed as a separate docket entry. Defendants who have not yet been served in this action shall file a response to plaintiffs' second amended complaint within 14 days from the date of service of the second amended complaint. Plaintiffs shall serve a copy of this order, as well as this court's 48 Rule 16 scheduling order, concurrently with service of process on any newly added defendants. (Benson, A.)
February 1, 2012
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ORDER DENYING 80 Stipulation and Proposed Order filed by NCC signed by Magistrate Judge Edmund F. Brennan on 2/1/12. (Matson, R)
February 8, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/8/2012 re 87 Stipulation and Proposed Order filed by NCC is APPROVED; If NCC does not obtain counsel and file a substitution of attorneys on or before 2/8/2012, NCC's 73 Motion to Dismiss will be deemed withdrawn; If NCC does not obtain counsel w/i 30 days of the date of this order, default and/or default judgment may be entered against NCC; Clerk is directed to serve a copy of this order on NCC through Matthew Healey, President. (Waggoner, D)
February 23, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/22/2012 GRANTING 100 Motion for 30-Day Extension of Time, Plaintiffs' separate responses to Motions to Dismiss are due by 4/11/2012, Replies due by 4/18/2012; CONTINUING Motion Hearing as to 73, 74, 75, 85, 88, 90, 92, 94 Motions to Dismiss until 4/25/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan. (Michel, G)
April 23, 2012
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H)ORDER signed by Magistrate Judge Edmund F. Brennan on 4/23/12: Defendants' motion to modify the scheduling order is granted, and the May 2, 2012 hearing thereon is vacated. Discovery due by 7/30/2012. Non-discovery law and motion matters is continued to August 29, 2012. Final Pretrial Conference RESET for 11/15/2012 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Jury Trial RESET for 2/4/2013 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. (Kaminski,
June 21, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/21/2012 ORDERING 130 Motion to Modify the scheduling order is GRANTED; the 7/18/2012 hearing is VACATED; defendant's 131 Motion to Compel is DENIED as unnecessary, the 7/27/2012 hearing is VACATED; Discovery completion deadline is CONTINUED to 10/29/2012; Motions to Compel discovery shall be heard by 9/26/2012; non-discovery law and motion hearing deadline is 11/29/2012; Final Pretrial Conference set for 3/7/2013 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller; Trial RESET for 6/10/2013 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. All other dates and deadlines in the status (pretrial scheduling) order shall remain to same. (Waggoner, D)
September 7, 2012
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FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 9/7/12 RECOMMENDING that The State of California Department of Consumer Affairs's 88 motion to dismiss, be granted and that defendant be dismissed without prejudice; The United States Federal Trade Commission's 103 motion to dismiss be granted and that defendant be dismissed without prejudice; NCC's 73 motion to dismiss be granted in part and denied in part; Portfolio's 74 motion to dismiss be granted in part and denied in part; OSI's 75 motion to dismiss be granted in part and denied in part; NCO's 85 motion to dismiss be granted and NCO be dismissed with prejudice; Citigroup's 90 motion to dismiss be granted and Citigroup be dismissed with prejudice; OEP's 92 motion to dismiss be granted and OEP be dismissed with prejudice; JP Morgan's 94 motion to dismiss be granted and JP Morgan be dismissed with prejudice; Plaintiffs be provided fourteen days from the date of any order adopting these findings and recommendations to file a third amended complaint, if plaintiffs elect to amend their Section 17200 claim against defendants Portfolio, NCC, and/or OSI. Motions referred to Judge Kimberly J. Mueller. Within 14 days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. (Kastilahn, A)
September 27, 2012
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ORDER signed by Judge Kimberly J. Mueller on 9/27/12 ADOPTING 140 Findings and Recommendations; GRANTING 88 Motion to Dismiss and defendant State of California Department of Consumer Affairs is DISMISSED WITHOUT PREJUDICE; GRANTING 103 Motion to Dismiss and U.S. Federal Trade Commission is DISMISSED WITHOUT PREJUDICE; GRANTING IN PART AND DENYING IN PART 73,74, and 75 Motions to Dismiss; GRANTING 85 Motion to Dismiss and NCO is DISMISSED WITH PREJUDICE; GRANTING 90 Motion to Dismiss and Citigroup is DISMISSED WITH PREJUDICE; GRANTING 92 Motion to Dismiss and OEP is DISMISSED WITH PREJUDICE; GRANTING 94 Motion to Dismiss and JP Morgan is DISMISSED WITH PREJUDICE. Plaintiffs are provided 21 days from the date of this order to file a third amended complaint, if plaintiffs elect to amend their Section 17200 claim against defendants Portfolio, NCC, and/or OSI. Plaintiffs are directed that the amended complaint must bear the docket number assigned to this case and must be labeled "Third Amended Complaint," and plaintiffs are admonished that if they do not file a third amended complaint within 21 days from the date of this order, plaintiffs' second amended complaint will remain their operative complaint (with claims remaining against Portfolio and NCC for alleged violations of the FDCPA and Rosenthal Act and a claim remaining against Portfolio for breach of the settlement agreement by Portfolio). NCO Funding, Inc., NCO Group, Inc., One Equity Partners, LLC, State of California Department of Consumer Affairs, United States Federal Trade Commission, Citigroup, Inc. and JP Morgan Chase & Co. terminated. (Meuleman, A)
October 30, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 10/29/2012 DENYING, without prejudice, 143 Motion to Compel; VACATING the Motion Hearing as to 143 Motion to Compel set for 11/7/2012 at 10:00 AM; DIRECTING the parties to meet and confer telephonically, or in person, in an effort to resolve this dispute; ORDERING Mr. Causey to (1) contact Defendant Portfolio's counsel to conduct or arrange the meet and confer process, or (2) contact Defendant Portfolio's counsel via e-mail or U.S. mail to provide a working telephone number. (Michel, G) Modified on 10/31/2012 (Michel, G).
December 5, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/2012 ORDERING 153 Ex Parte Application for Order shortening time is GRANTED; Motion to Modify Scheduling Order SET for 12/13/2012 at 10:00 AM in Courtroom 24 (EFB) before Magistrate Judge Edmund F. Brennan; on or before 12/10/2012, plaintiff shall file either an opposition or statement of non-opposition to defendants' motion to modify the court's scheduling order; reply to plaintiff's response due 12/12/2012. (Waggoner, D)
December 11, 2012
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/11/12 DENYING AS MOOT 155 Request for extension of time and GRANTING 152 Motion to Modify Scheduling Order. The 12/13/2012 hearing is VACATED. It is further ORDERED the 48, 137 & 141 status pretrial scheduling orders are MODIFIED as follows: Discovery due by 6/28/2013, Motions to compel discovery filed by 5/29/2013, Law and Motion matters continued to 8/28/2013, Final Pretrial Conference set for 3/6/2014 at 03:30 PM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller, Jury Trial set for 6/2/2014 at 09:00 AM in Courtroom 3 (KJM) before Judge Kimberly J. Mueller. Plaintiff Rober Causey has until 2/28/2013 to respond to defendants' 8/1/2012 discovery requests. All other dates and deadlines set for in the status (pretrial scheduling) order shall remain the same. (Donati, J)
January 22, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 1/22/13 DENYING 148, 149 Motions to Dismiss. (Meuleman, A)
March 15, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 3/15/13 DENYING WITHOUT PREJUDICE 170 Motion to Compel and 171 Motion to Compel. The parties are DIRECTED to meet and confer either telephonically or in person in an effort to resolve the disputes in good faith without court intervention. In light of plaintiffs continued refusal to provide defense counsel with an email address or telephone number at which to contact them, if plaintiffs desire to pursue their motions to compel, within 14 days of the date of this order, plaintiffs shall either (1) telephone defense counsel in order to conduct the meet and confer process or to arrange a time to do so, or (2) contact defense counsel via email or U.S. mail to either provide a working telephone number at which plaintiffs can be contacted or to set up a time at which plaintiffs are available to meet and confer with defense counsel in person. If the parties' meet and confer efforts do not resolve the discovery disputes, plaintiffs may re-notice the motions to compel for hearing. (Meuleman, A)
April 12, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 4/12/13. Plaintiffs' 183 motions to compel are DENIED without prejudice and the 4/17/13 hearings thereon are VACATED. Plaintiffs shall review the supplemental discovery responses that defendants have agreed to produce on 4/12/13. If the parties' meet and confer efforts do not resolve the discovery disputes, plaintiffs may once again re-notice the motions to compel for hearing. However, the parties are admonished that they must comply with Local Rule 251(c). Therefore, if the parties' meet and confer efforts do not resolve the discovery disputes, plaintiffs must draft a joint statement regarding the discovery disagreement setting forth each of the matters identified in Local Rule 251(c). Plaintiffs shall then email that draft to defense counsel (in either Word or WordPerfect), and defendants shall input their positions regarding the matters identified in Local Rule 251(c) and email their version of the document back to plaintiffs. The parties shall continue this email exchange until all parties have agreed to a draft and have indicated a willingness to sign that draft. Plaintiffs shall then file the joint statement at least 7 days efore any noticed hearing date, as set forth in Local Rule 251(a). (Meuleman, A)
May 28, 2013
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re 5/29/2013, defendants shall file with the court the draft joint statements that they previously sent to Plaintiffs on 5/20/13, as well as the red-lined versions defendants sent to Plaintiffs, indicating the changes defense counsel made to the lORDER signed by Magistrate Judge Edmund F. Brennan on 5/28/13 ORDERING that the 5/29/13 hearing on Plaintiffs' MOTON to Compel 190 is CONTINUED to 6/5/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan. On or befoast draft sent to them. Any response by Plaintiffs to Defendants revised joint statements, which Plaintiffs received on 5/21/13, shall be filed on or before 5/30/2013. (Mena-Sanchez, L)
June 6, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 6/6/2013 ORDERING 170 Motion to Compel Answers to First Set of Interrogatories to defendant NCC and 171 Motion to Compel Answers to First Set of Interrogatories to defendant Portfolio Acquisitions, LLC are GRANTED IN PART and DENIED IN PART, as set forth in this order; Clerk is directed to return to defense counsel the documents submitted to the court for in camera review (Fact Sheets regarding "CRS# ASG117" and regarding "CRS#IN3910"). (Waggoner, D)
July 10, 2013
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PROTECTIVE ORDER signed by Magistrate Judge Edmund F. Brennan on 7/10/13. (Mena-Sanchez, L)
August 7, 2013
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ORDER signed by Judge Edmund F. Brennan on 8/7/13 ORDERING that Plaintiffs' MOTION for an Extension of time 208 is GRANTED; Plaintiffs' requests that the 4/26/13 depositions of plaintiffs be thrown out and that defendants be sanctioned, 208 are DENIED; The 8/28/13 hearing on Defendants' MOTIONS For Summary Judgment, 206 and 207, is CONTINUED to 11/13/13 at 10:00 a.m. in Courtroom No. 8; Plaintiffs shall file oppositions to the motions for summary judgment, or statements of non-opposition thereto, no later than 10/23/13. Also on or before 10/23/13, Plaintiffs shall file responses to defendants' statements of undisputed facts, as required by Local Rule 260(b). (Mena-Sanchez, L)
August 26, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 8/26/13 ORDERING that plaintiffs' 213 application for an order to shorten the time for consideration of a hearing on their motions is DENIED. (Kastilahn, A)
September 23, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 9/23/2013 ORDERING that Plaintiffs' 212 motion to strike the depositions of Robert Causey and Jeanine Causey is DENIED. Plaintiffs' 212 motion to strike portions of defendants' statement of undisputed facts is DENIED. Plaintiffs' 212 motion to strike defendants' motions for summary judgment is DENIED. Plaintiffs' 212 motion for sanctions is DENIED. Plaintiffs shall, within 7 days of the service of this order, submit a signed statement listing any proposed changes to their testimony as recorded in their deposition transcripts and the reasons for any such changes to the appropriate officer as permitted by Federal Rule of Civil Procedure 30(e). (Zignago, K.)
December 6, 2013
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ORDER signed by Magistrate Judge Edmund F. Brennan on 12/5/13 GRANTING 239 Request to Stay the Issuance of Findings and Recommendations on defendants' 206 and 207 motions for summary judgment. (Meuleman, A)
February 13, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/13/2014 ORDERING that plaintiff's 242 motion to stay the issuance of findings and recommendations is GRANTED IN PART, and the court will not issue any findings and recommendations on defendants' motions for summary judgment until 2/28/2014. (Zignago, K.)
February 27, 2014
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ORDER signed by Magistrate Judge Edmund F. Brennan on 2/27/14 ORDERING that by March 5, 2014, defendants shall file and serve adocument stipulating to dismissal of this action without prejudice pursuant to Rule 41(a)(1)(A)(ii), or otherwise indicate what, if any, objections defendants have to dismissal of the action. In the event defendants so stipulate, the court will construe the parties' filings as a stipulation for voluntary dismissal without prejudice pursuant to Rule 41(a)(1)(A)(ii). (Kastilahn, A)