IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

THERESA STUMPF, ) 

on behalf of herself and a class, ) 

 ) 

 Plaintiff, ) 12 cv 4688 

 ) 

 vs. ) Judge Gettleman 

 ) Magistrate Judge Gilbert 

PYOD, LLC, and ) 

WELTMAN, WEINBERG & ) 

REIS CO., LPA, ) 

 ) 

 Defendants. ) 

JOINT STATUS REPORT

A. STATUS

 This matter is set for a status hearing on October 30, 2012 at 9:00am. 

B. COUNSEL OF RECORD

For Plaintiff: 

Daniel A. Edelman (lead trial attorney) 

 Cathleen M. Combs 

 James O. Latturner 

 Catherine A. Ceko 

 EDELMAN, COMBS, LATTURNER 

 & GOODWIN, LLC 

 120 S. LaSalle Street, Suite 1800 

 Chicago, Illinois 60603 

 (312) 739-4200 

 For Defendants: 

 Gary S. Caplan 

David A. Maas 

 REED SMITH LLP 

 10 S. Wacker Drive, 40th Floor 

 Chicago, IL 60606 

 (312) 207-1000 

 (Counsel for PYOD, LLC and Weltman Weinberg & Reis Co., LPA) 

Case: 1:12-cv-04688 Document #: 33 Filed: 10/23/12 Page 1 of 4 PageID #:136
 

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 Nabil G. Foster 

 HINSHAW & CULBERTSON, LLP 

 222 North LaSalle Street, Suite 300 

 Chicago, IL 60601 

 (312) 704-3000 

 (Counsel for Weltman)

C. BASIS FOR FEDERAL JURISDICTION 

Plaintiff has alleged that defendant violated the Fair Debt Collection Practices Act, 15 

U.S.C. §1692 et seq. and, therefore, this Court has jurisdiction under 115 U.S.C. §1692k 

(FDCPA), 28 U.S.C. §1331, and 28 U.S.C. §1337. The parties agree that venue is appropriate in 

the Northern District of Illinois, as the Plaintiff resides within this district. 

D. JURY 

A jury has not been requested. 

E. NATURE OF CLAIMS 

On September 26, 2012, Plaintiff Theresa Stumpf (“Plaintiff”) filed a First Amended 

Class Action Complaint against PYOD, LLC, (“PYOD”) and Weltman, Weinberg, & Reis Co., 

LPA (“Weltman”). In the amended complaint, Plaintiff contends that Defendants violated the 

Fair Debt Collection Practices Act (“FDCPA”) by dunning and suing her on a time-barred debt. 

Plaintiff also alleges that Defendant PYOD violated the Illinois Consumer Fraud Act (“ICFA”) 

by dunning and threatening and filing suits on time-barred debts. Plaintiff seeks statutory 

damages for herself and three putative classes and costs of suit. 

F. RELIEF 

Plaintiff seeks relief in the form of statutory damages, actual damages, attorney’s fees, 

litigation expenses, costs of suit, relief for the putative classes, and such other or further relief as 

the Court deems proper. 

G. SERVICE OF PROCESS 

All Parties have been served and filed appearances. 

H. LEGAL ISSUES 

 The major legal issue is whether the Defendants’ practice of dunning and suing on timebarred debts without disclosure of that fact violate the FDCPA and ICFA. Also at issue is 

whether the statute of limitations had run when Defendants filed the complaint to collect a debt 

from Plaintiff. Further, Defendants assert that any violation of the FDCPA was the result of a 

bona fide error in spite of procedures reasonably designed to avoid such error. 

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I. FACTUAL ISSUES

 The major factual issue is whether Defendants attempt to collect and sue on time-barred 

debts without disclosure of that fact. Also at issue is when Plaintiff made payments on her 

underlying debt. Further, Defendants’ bona fide error defense raises the issue of whether 

Defendants had policies reasonably designed to avoid file collection actions after the statute of 

limitations had expired. 

J. ANTICIPATED MOTIONS 

Plaintiff expects to file a Motion for Class Certification. 

K. PROPOSED DISCOVERY PLAN

 a. General type of discovery needed. 

 

Parties will need information related to Plaintiff’s alleged underlying debt, defendants’ 

collection practices, the lawsuits brought by defendants and the amounts sought therein, the 

relationships among the defendants, information regarding the putative class, and insurance 

information. No discovery has been served at this point, due to this Court’s July 11, 2012 Order 

not setting discovery schedule until defendants’ Motion to Dismiss, which is now moot, has been 

ruled upon. 

 b. Date for Rule 26(a)(1) disclosures.

 

 Parties will exchange Rule 26(a)(1) disclosures by November 2, 2012. 

c. Date to issue written discovery. 

Parties will issue all written discovery by December 28, 2012.

 d. Fact discovery completion date. 

The deadline for completing fact discovery will be by April 26, 2013.

e. Expert discovery completion date, including dates for the delivery of expert 

reports. 

The parties do not currently contemplate any expert discovery. Defendants need to 

engage in discovery before determining whether they anticipate the use of an expert. 

 f. Date for the filing of dispositive motions. 

 

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Parties will file all dispositive motions by July 1, 2013. 

L. TRIAL 

The Parties expect to be ready for trial by September 30, 2013. The probable length of 

trial is 3 days. 

M. STATUS OF SETTLEMENT 

On October 1, 2012, Plaintiff’s counsel sent defendants’ counsel a request for 

information from defendants regarding approximate putative class size, financial information, 

and insurance information. Plaintiff requires this information before she can send a fullyinformed settlement demand. Defendants have yet to respond. 

N. CONSENT FOR MAGISTRATE JUDGE 

Parties DO NOT agree to consent before a Magistrate Judge. 

Respectfully Submitted, 

 

s/ Catherine A. Ceko

Daniel A. Edelman 

Cathleen M. Combs 

James O. Latturner 

Catherine A. Ceko 

EDELMAN, COMBS, LATTURNER 

& GOODWIN, LLC 

120 S. LaSalle Street, Suite 1800 

Chicago, Illinois 60603 

(312) 739-4200 

(312) 419-0379 (FAX) 

s/ David A. Mass

David A. Maas 

Gary S. Caplan 

REED SMITH LLP 

10 S. Wacker Drive, 40th Floor 

Chicago, IL 60606 

(312) 207-1000 

s/Nabil G. Foster

Nabil G. Foster 

HINSHAW & CULBERTSON, LLP 

222 North LaSalle Street, Suite 300 

Chicago, IL 60601 

(312) 704-3000

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