IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

JAMES REPIKA, ) 

on behalf of himself and a class, ) Case No. 12 cv 04290 

 ) 

 Plaintiffs, ) 

v. ) Hon. Blanche M. Manning 

 ) 

ACCELERATED FINANCIAL ) Mag. Jeffrey T. Gilbert 

SOLUTIONS, LLC, ) 

 ) 

 Defendant. ) 

JOINT INITIAL STATUS REPORT

 Plaintiff, James Repika, on behalf himself and a class (“Plaintiff”) and Defendant, 

Accelerated Financial Solutions, LLC (“AFS”), respectfully submit their Joint Status 

Report: 

1. Summary of Claims: Plaintiff alleges that AFS violated the Fair Debt 

Collection Practices Act, 15 U.S.C. §1692 et seq. (“FDCPA”) by conveying a false threat 

of suit in a collection letter and by leaving a telephone message that did not state the 

call was for collection purposes. 

2. Answer: No answer has been filed. On August 15, 2012, Judge Manning 

stayed this case pending the outcome of settlement discussions before Magistrate 

Gilbert, which will be take place at the status on August 28, 2012. 

3. Statement of Relief Sought and Itemization of Damages: Plaintiff seeks 

statutory damages under 15 U.S.C. §1692 et seq.; attorney’s fees, litigation expenses 

and costs of suit; and such other and further relief as the Court deems proper. 

Case: 1:12-cv-04290 Document #: 34 Filed: 08/24/12 Page 1 of 3 PageID #:99
4. Description of Matter Referred to Magistrate Gilbert: On August 14, 2012, 

AFS filed its Motion to Transfer for Settlement Conference and to Stay Proceedings, 

which Motion was granted on August 15, 2012. AFS sought to have the case referred 

to Magistrate Gilbert because it believed this matter could be quickly resolved with a 

settlement conference. Although AFS does not admit any liability or wrongdoing, it is 

willing to stipulate to the FDCPA’s class damages provision of 1% of its net worth and is 

also willing to pay Plaintiff’s attorney a reasonable fee, as determined by agreement or 

order of this Court. 

5. Status of Briefing: There are no motions pending before this Court which 

require briefing. 

6. Discovery: There is no discovery completed or outstanding. This case is 

currently stayed. 

7. Existing Discovery Deadlines: No discovery deadlines have been set in 

this case. This case is currently stayed. 

8. Discovery Schedule: Because this case is stayed, the parties hereby 

respectfully request that this Court not enter a discovery schedule unless or until the 

parties cannot reach settlement. 

9. Discovery of Electronically Stored Information: If this case cannot be 

settled, the parties will advise this Court regarding ESI. 

10. Consent to Magistrate Judge: The parties consent to have Judge Gilbert 

conduct all further discovery and non-dispositive proceedings in this case, but do not 

unanimously consent to trial and entry of final judgment. 

11. Status of Settlement: This case was referred to Magistrate Gilbert for the 

Case: 1:12-cv-04290 Document #: 34 Filed: 08/24/12 Page 2 of 3 PageID #:100
express purpose of facilitating settlement. The claims in this case are based upon the 

FDCPA. Liability in class actions under the FDCPA is limited to “the lesser of $500,000 

or 1 per centum of the net worth of the debt collector.” 15 U.S.C. § 1692k(a)(2)(B). In 

addition, the fee shifting provision set forth in the FDCPA permits a prevailing consumer 

to recover reasonable attorneys’ fees and costs. 15 U.S.C. §1692(k)(a)(3). AFS does 

not admit liability; however, in good faith and as a business decision, AFS seeks to 

settle this matter as a class action. AFS requested the assistance of Magistrate Gilbert 

to reach a mutually satisfactory settlement agreement. The parties are currently 

working to that end, including exchanging information relevant to net worth and the 

class size. 

DATED: August 24, 2012 

Respectfully submitted, 

s/ Stacie E. Barhorst (with consent)

Stacie E. Barhorst 

KAPLAN, PAPADAKIS & GOURNIS, P.C. 

180 N. LaSalle St. 

Suite 2108 

Chicago, Illinois 60601 

 (312) 726-0531 

 (312) 726-4928 (fax) 

Email: sbarhorst@kpglaw.com 

Attorney for Defendant 

Accelerated Financial Solutions, LLC 

Respectfully submitted, 

s/ Zachary A. Jacobs 

Zachary A. Jacobs 

Edelman Combs Latturner & Goodwin, 

LLC 

120 S LaSalle St., 18th Floor 

Chicago, IL 60603 

(312)739-4200 

(312)419-0379 (fax) 

Attorney for Plaintiff James Repika 

Case: 1:12-cv-04290 Document #: 34 Filed: 08/24/12 Page 3 of 3 PageID #:101