Valadez v. Portfolio Recovery Associates, L.L.C.

Western District of Texas, txwd-5:2019-cv-00295

ADR Report Filed - by Lara Valadez

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IN THE UNITED STATES DISTR ICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVIS ION Lara Valadez § § Plaintiff § Civil Action No.: § 5:19-cv-0295-XR § v § § § § Portfolio Recovery Associates, § § LLC § Defendant § § To the Honorable Xavier Rodriguez: The parties, after conferring via email, per the Court's Scheduling Order and Local Rule CV-88 make the following report: 1. Status of settlement negotiations: PRA served a Rule 68 Offer of Judgment on Plaintiff at or around the ti me an Answer was filed. The parties are currently trying to determine whether settlement will be possible outside of the Offer of Judgment. 2. Identity of persons responsible for settlement negotiations: For Plaintiff, William M. Clanton will be responsible for settlement negotiations., For Defendant, Robbie Malone, Xerxes Martin, and Cooper Walker will be responsible. 3. Whether alternative dispute resolution is appropriate: If the parties are unable to negotiate a settlement on their own, Plaintiff believes alternative dispute resolution is appropriate in this case. Defendant disagrees insofar is Defendant has already served Plaintiff with an Offer of Judgment which would pr ovide him with full recovery on statutory damages under the FDCPA and attorney's fees and costs. Dated: August 9, 2019 Respectfully Submitted, /s/William M. Clanton William M. Clanton Texas Bar No. 24049436 Law Office of Bill Clanton, P.C. 926 Chulie Dr. San Antonio, Texas 78216 210 226 0800 210 338 8660 fax M A L O N E F RO S T M A R TI N PLLC /s/ Cooper Walker ROBBIE MALONE State Bar No. 12876450 Email: EUGENE XERXES MARTIN, IV State Bar No. 24078928 Email: COOPER M. WALKER State Bar No. 24098567 Email: M A L O N E F RO S T M A R TI N PLLC Northpark Central, Suite 1850 8750 North Central Expressway Dallas, Texas 75231 P: (214) 346-2630 | F: (214) 346 -2631 COUNSEL FOR DEFENDANT