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Belajonas v. Second Round Sub, LLC

United States District Court, M.D. Florida, Tampa Division

December 6, 2017

BELINDA BELAJONAS, Plaintiff,
v.
SECOND ROUND SUB, LLC, Defendant.

          FAST-TRACK SCHEDULING ORDER

          VIRGINIA M. HERNANDEZ COVINGTON UNITED STATES DISTRICT JUDGE

         Pursuant to Federal Rule of Civil Procedure 16, the Court finds it necessary to implement a schedule tailored to meet the particular circumstances of this case, which was brought under the Telephone Consumer Protection Act, the Fair Debt Collection Practices Act, the Junk Fax Prevention Act, and/or state law consumer protection statutes. Therefore, consistent with the just, speedy and inexpensive administration of justice, Fed.R.Civ.P. 1, it is:

         ORDERED that the provisions of Rule 26(a)(1) and Local Rule 3.05(c)(2)(B) and (d) concerning the initial disclosures and filing of a Case Management Report are hereby waived in this case. Instead, the parties shall comply with the following schedule:

         1. No later than February 2, 2018, the parties shall serve upon each other but not file with the Court copies of the following:

         A. Plaintiff[1]

         All documents in Plaintiff's possession, custody, or control that relate to the telephone calls, letters, or other debt collection activities in question. This includes, but is not limited to:

         (1) Telephone records, call logs, voice recordings, and account notations pertaining to any telephone calls Plaintiff contends were made by Defendant;

         (2) Documents and/or other relevant evidence demonstrating that Plaintiff was in possession of the operative telephone at the time of the telephone calls in question;

         (3) Documents and/or other relevant evidence showing that (a) Plaintiff did not provide Defendant with consent to make the telephone calls in question and/or (b) documentation that Plaintiff revoked consent prior to Defendant making the telephone calls;

         (4) Any and all documents and/or other relevant evidence pertaining to Plaintiff's prior complaints to Defendant regarding Defendant making the unwanted telephone calls in question; and

         (5) All written correspondence, including court documents, pertaining to Defendant's alleged debt collection efforts.

         Upon furnishing the information to Defendant, Plaintiff shall file a Certificate of Compliance with the Court.

         B. Defendant

         All documents in Defendant's possession, custody, or control that relate to the telephone calls letters, or other debt collection activities in question. This includes, but is not limited to:

         (1) Telephone records, call logs, and voice recordings pertaining to the telephone calls Plaintiff contends were made by Defendant, which includes any and all notations made by Defendant's representative or employee during the telephone call;

         (2) Documentation that Plaintiff consented to Defendant making the telephone calls in question;

         (3) Any and all documents and/or other relevant evidence pertaining to Plaintiff's prior complaints to Defendant regarding Defendant making the unwanted telephone calls in question; and

         (4) All written correspondence, including court documents, pertaining to Defendant's alleged debt collection efforts.

         Upon furnishing the information to Plaintiff, Defendant shall file a Certificate of Compliance with the Court.

         2. Until further order of this Court, all discovery is STAYED, except as necessary to obtain and provide the information set forth in Paragraph 1. The Court permits counsel to serve subpoenas on telecommunications entities so that accurate information may be gathered in this case. If the parties elect to serve subpoenas for telephone records in this case, they should do so as early as practicable and should work together to facilitate the process. Although the filing of discovery is prohibited by the Local Rules, in the instance that a subpoena is issued to a telecommunications entity, that subpoena must be filed with the Court so that the Court may monitor the facilitation of information in this case. The parties are also directed to notify the Court when the information requested in the subpoena is furnished.

         3. On or before February 19, 2018, Plaintiff is directed to file Answers to the Court's Interrogatories. Thereafter, by March 5, 2018, Defendant is directed to file Answers to the Court's Interrogatories. Those Interrogatories are attached to this Order.

         4. This action is referred to mediation. The Court appoints Peter J. Grilli, located at 3001 West Azeele Street, Tampa, Florida 36609, (813) 874-1002, as mediator.

         5. The mediation shall be conducted as outlined in this Order and Chapter Nine of the Local Rules.

         6. Scheduling Mediation: The parties must mediate no later than April 4, 2018. However, the parties are not permitted to mediate until the information exchange outlined in this Order, including answers to interrogatories, has been completed.

         7. Rescheduling Mediation: If the mediation date is approaching, and the parties realize they will not be able to complete the document exchange and interrogatory answers called for herein, the parties are directed to file a motion to reschedule the mediation. In any event, once the mediation has been scheduled, the parties may not unilaterally reschedule the mediation conference-a motion must be filed, and leave of Court obtained, if they seek to reschedule the mediation. In the motion to reschedule, counsel must include the proposed date of rescheduling; the Court reserves the right to deny any motion that seeks to reschedule the mediation conference for a date beyond the deadline set in Paragraph 6. If the Court authorizes the parties to reschedule the mediation conference, the parties may still be required to pay the mediator's cancellation fee. Thus, the parties are strongly encouraged to promptly exchange documents and answer interrogatories, as required herein, and to diligently adhere to all deadlines to avoid unnecessary expense.

         8. Cancelling Mediation: Once the mediation conference is set, neither party may cancel the mediation without first obtaining leave of Court, ...


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