Garo v. Global Credit & Collection Corporation
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|Date Filed||#||Document Text|
|January 26, 2011
ORDER - 1. Granting Defendants Motion For Partial Summary Judgment (Doc. 35) and dismissing Count V of the SAC. 2. Granting in part and denying in part Defendants Motion for Leave to File Supplemental Authority (Doc 83) as explained in more detail ab ove. 3. Granting in part and denying in part Plaintiffs Motion for Class Certification (Doc. 40). 4. Certifying Barbara and Martin Garo as representatives of a class consisting of all persons located in the Ninth Circuit who, within one year before D ecember 2, 2009,received a voice message from Defendant in connection with an attempt to collect any consumer debt, where the text of the voice message was substantially similar or materially identical to the prerecorded messages delivered to Plainti ffs on October 7, as alleged in Plaintiffs Second Amended Complaint 34 and 36. 5. The Court further appoints the law firm of Weisberg & Meyers, LLC as class counsel. Defendant. (See document for full details). Signed by Judge G Murray Snow on 1/25/11.(LAD)
|December 9, 2010
ORDER - IT IS THEREFORE ORDERED: 1. Deferring a ruling on Defendant's Motion For Partial Summary Judgment, Doc. 35. 2. Plaintiffs shall file their Response, if any, to Defendant's Motion for Partial Summary Judgment (Doc. 35) by December 21 , 2010. 3. Defendant shall file its Reply, if any, by January 7, 2011. 4. Setting oral argument on Defendant's Motion for Partial Summary Judgment on January 11, 2011 at 9:00 a.m. in Courtroom 602, Sandra Day OConnor U.S. Federal Courthouse, 401 W. Washing ton St., Phoenix, Arizona 85003-2151. Each side will be given twenty minutes to argue their position. IT IS FURTHER ORDERED: 1. Denying Plaintiffs' Motion to Stay And/Or Abate Ruling, Doc. 48. 2. Denying Defendant's Motion to Di smiss For Lack of Subject Matter Jurisdiction, Doc. 37. 3. Denying Defendant's Motion for Leave to File Counterclaim, Doc. 46. 4. Denying Plaintiffs' Motion for Leave to File Supplemental Authority, Doc. 66, as moot. 5. Denying Plaintiff 39;s Motion For Leave to Depose Martin Sugar and Daniel Elmalem, Doc. 70. 6. Denying Plaintiffs' Motion to Strike, Doc. 72. IT IS FURTHER ORDERED that Plaintiffs' Motion for Class Certification and Appointment of Class Counsel, Doc. 40, is deferred until the Court rules on Defendants Motion for Partial Summary Judgment, Doc. 35. Plaintiffs shall file any supplementation to the motion to certify on the matter identified by the Court by December 21, 2010. AnyResponse by Defendant shall be filed by January 7, 2011. These issues may also be discussed at the oral argument set for January 11, 2001. Signed by Judge G Murray Snow on 12/8/10.(LAD)
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