Siddiqui v. Midland Credit Management, Inc. et al

Western District of Texas, txwd-5:2019-cv-00536

Unopposed MOTION for Extension of Time to File stipulation of dismissal or an agreed judgment and any appropriate supporting documents by Asad Siddiqui.

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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION ASAD SIDDIQUI, on behalf of himself and § all others similarly situated, § § Plaintiff, § vs. § § Civil Action No. 5:19-cv-00536-XR MIDLAND CREDIT MANAGEMENT, § INC.; MIDLAND FUNDING, LLC; and § JOHN AND JANE DOES 1-100, § § Defendants. § UNOPPOSED MOTION FOR EXTENSION OF TIME FOR PARTIES TO FINALIZE SETTLEMENT AND FILE STIPULATION OF DISMISSAL Plaintiff, Asad Siddiqui, on consent of Defendants, Midland Credit Management, Inc. and Midland Funding LLC, respectfully moves this Court for an Order granting the Parties and extension of time until October 21, 2019, to finalize their settlement and file a Stipulation of Dismissal. In support of this Motion, Plaintiff respectfully shows the following: 1. On May 17, 2019, Plaintiff filed this lawsuit [Doc. 1] and, on May 24, 2019, Defendants were personally served with the summons and complaint [Docs. 6 and 7]. 2. On June 12, 2019, Defendants filed a Motion for Extension of Time to allow their attorney time to investigate the facts of the case and satisfy his Rule 11 duties in preparing a responsive pleading. [Doc. 10.] On June 13, 2019, the Court granted Defendants' motion permitting them until July 12, 2019, to answer or otherwise respond to Plaintiff's Complaint. 3. Thereafter, the Parties, through counsel, informally exchanged certain information which ultimately led to a resolution of Plaintiff's claims. Consequently, on July 14, 2019, Plaintiff filed a Notice of Settlement. [Doc. 13.] 4. On July 15, 2019, the Court directed the Parties to submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents by September 13, 2019. [Doc. 14.] Thereafter, the Parties counsel exchanged drafts of an agreement memorializing their resolution of the case; however, owing to counsels' respective work and travel schedules in August and September—including Defendants' counsel's travel to India for an extended time— they were unable to complete the agreement prior to the September 13th deadline. 5. On September 24, 2019, the Court issued an Order to Show Cause directing the Parties to file appropriate dismissal documents or move for additional time to do so, by October 1, 2019. [Doc. 15.] Since then Defendants' counsel had to travel abroad again for prescheduled business in the Philippines and Japan, which has hindered counsels' ability to confer by telephone to resolve a remaining issue in the Parties' agreement. Defendants' counsel will return to Texas in a couple weeks, but counsel are continuing their ongoing long-distance efforts to finalize the agreement and file the appropriate dismissal papers. WHEREFORE, in view of the foregoing, Plaintiff respectfully requests an additional extension of time until October 21, 2019, to submit a stipulation of dismissal or an agreed judgment and any appropriate supporting documents. CERTIFICATE OF CONFERENCE The undersigned counsel has conferred with Defendants' counsel, Manuel H. Newburger, who confirmed Defendants' non-opposition to, and joinder in, the relief sought by this Motion Dated: October 1, 2019 s/ Andrew T. Thomasson Andrew T. Thomasson Andrew T. Thomasson (NJ Bar No. 048362011) Philip D. Stern (NJ Bar No. 045921984) Francis R. Greene (IL Bar No. 6272313) STERN•THOMASSON LLP 150 Morris Avenue, 2nd Floor Springfield, NJ 07081-1329 Telephone: (973) 379-7500 Facsimile: (973) 532-5868 E-Mail: andrew@sternthomasson.com E-Mail: philip@sternthomasson.com E-Mail: francis@sternthomasson.com One of the Attorneys for Plaintiff, Asad Siddiqui Page 2 of 2