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Margarita Encinas, On Behalf of Herself v. Portfolio Recovery Associates

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA, SACRAMENTO DIVISION


June 28, 2012

MARGARITA ENCINAS, ON BEHALF OF HERSELF AND ALL OTHERS SIMILARLY SITUATED, PLAINTIFF,
v.
PORTFOLIO RECOVERY ASSOCIATES, INC., DELAWARE CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Hon. John A. Mendez United States District Judge

CLIFFORD H. PEARSON (Bar No. 108523) cpearson@pswplaw.com DANIEL L. WARSHAW (Bar No. 185365) dwarshaw@pswplaw.com BOBBY POUYA (Bar No. 245527) bpouya@pswplaw.com PEARSON, SIMON, WARSHAW & PENNY, LLP 15165 Ventura Boulevard, Suite 400 Sherman Oaks, California 91403 Telephone: (818) 788-8300 Facsimile: (818) 788-8104 RICHARD B. WENTZ, (Bar No. 120380) rick.wentz@gmail.com JEAN M. WENTZ, (Bar No. 139340) jean.wentz@gmail.com THE WENTZ LAW FIRM 2955 East Hillcrest Drive, Suite 123 Thousand Oaks, CA 91362 Telephone (805) 374-0060 Facsimile: (888) 855-8124 Attorneys for Plaintiff MARGARITA ENCINAS, on behalf of herself and all others similarly situated

CLASS ACTION

STIPULATION AND ORDER REGARDING FILING OF AMENDED COMPLAINT [Fed. R. Civ. Proc. 15(a)(2)]

Trial Date: None 842570.1 1

Whereas Plaintiff Margarita Encinas served her Class Action Complaint on Defendant Portfolio Recovery Associates, Inc. on May 29, 2012; Whereas counsel for Portfolio Recovery Associates, Inc. has advised counsel for Plaintiff that the Portfolio Recovery Associates, Inc. is not the proper entity in this case; Whereas Plaintiff has agreed to file a First Amended Complaint substituting defendant Portfolio Recovery Associates, LLC for defendant Portfolio Recovery Associates, Inc.; Whereas counsel for Portfolio Recovery Associates, Inc. has agreed to accept service on behalf of Portfolio Recovery Associates, LLC; and Whereas Federal Rule of Civil Procedure 15 (a)(2) allows parties to amend their pleading with opposing party's written consent.

THE PARTIES STIPULATE AS FOLLOWS:

1. Plaintiff shall file her First Amended Complaint within two days of the entry of the Court's order granting leave to amend; and

2. The caption in the above entitled action shall be amended to substitute Portfolio Recovery Associates, LLC for Portfolio Recovery Associates, Inc.

IT IS SO ORDERED:

John A. Mendez

20120628

© 1992-2012 VersusLaw Inc.



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