Hackler v. Tolteca Enterprises, Inc. D/b/a Phoenix Recovery Group

Western District of Texas, txwd-5:2018-cv-00911

Unopposed MOTION for Extension of Time to File Proposed Scheduling Order by Sadie Hackler.

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION SADIE HACKLER, on behalf of herself § and all others similarly situated, § § Plaintiff, § § V. § Case No. 5:18-CV-00911-XR § TOLTECA ENTERPRISES, INC. d/b/a § PHOENIX RECOVERY GROUP, § § Defendant. § PLAINTIFF'S UNOPPOSED MOTION TO EXTEND DEADLINE TO SUBMIT PROPOSED SCHEDULING ORDER Plaintiff, Sadie Hackler files this Motion to Extend Deadline to Submit Proposed Scheduling Order and shows: Introduction 1. By a text Order Granting in Part and Denying in Part [docket entry # 33] on June 3, 2019, the Court instructed the parties to submit a new proposed scheduling order within 14 days after the Court's ruling on Plaintiff's Motion for Class Certification. 2. The Court granted Plaintiff's Motion for Class Certification on September 9th, so the new proposed Scheduling Order was due September 23, 2019. The parties missed that deadline. 3. Defendant has not sought to appeal the Court's ruling on certification of the class. Therefore, notice to the class members of the certified class is a next procedural step. F.R.C.P. 23 (c) (2). MOTION Page 1|4 4. Plaintiff is re-filing her Motion for Summary Judgment on Liability. 1 If the motion is granted, Plaintiff will then file a motion to shift the costs of notice to the class from Plaintiff to Defendant, 2 as well as to approve the form of the notice and the method of disseminating the notice to the class. 5. Once the "notice motions" are determined, the notice will be sent to the class members. Typically, the class members are given 60-90 days to "opt-out" of the class. 6. Plaintiff suggest that reasonable approach is for the parties to submit a new proposed scheduling order after notice to the class has been disseminated and after the "opt out" period has expired. 7. Plaintiff does not expect that the new scheduling order will contemplate a discovery period of more than 60 days, if any discovery is needed at all. Request for Relief Plaintiff requests this Court extend the deadline for the parties to submit a new scheduling order until 14 days after the end of the "opt-out" period stated in the class notice. Plaintiff also seeks general relief. 1 Plaintiff filed a motion for summary judgement (Doc. 18). Defendant did not respond to it. Plaintiff withdrew it when she filed her Motion for Class Certification. (Doc. 32 and Text Order of June 6, 2019) 2 See, Hunt v Imperial Merchant Servs., Inc. 560 F. 3d 1137, 1143 (9th Cir. 2009) (Observing that "...many district courts have placed notice costs on the class action defendant one the defendant's liability has been established" and affirming district courts imposition of notice class on the defendant in the case.) (citation omitted). MOTION Page 2|4 Respectfully submitted, BINGHAM & LEA, P.C. 319 Maverick Street San Antonio, Texas 78212 (210) 224-1819 Telephone (210) 224-0141 Facsimile ben@binghamandlea.com By: /s/ Benjamin R. Bingham BENJAMIN R. BINGHAM State Bar No. 02322350 LAW OFFICE OF BILL CLANTON, P.C. 926 Chulie Dr. San Antonio, Texas 78216 210 226 0800 210 338 8660 fax bill@clantonlawoffice.com By: /s/ William M. Clanton WILLIAM M. CLANTON State Bar No. 24049436 ATTORNEYS FOR PLAINTIFF CERTIFICATE OF SERVICE I certify by my signature below that on September 30, 2019, a true and correct copy of the above and foregoing was served through the Court's Electronic Case Noticing System on all counsel of record. /s/ Benjamin R. Bingham BENJAMIN R. BINGHAM MOTION Page 3|4 CERTIFICATE OF CONFERENCE I certify by my signature below that I spoke with Tom Clarke, counsel for Defendant and he represented that he is unopposed to the relief requested herein. /s/William M. Clanton William M. Clanton MOTION Page 4|4