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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

KELLY THIMIOS,

Plaintiff,

v.

NATIONAL CREDIT SYSTEMS, INC.

Defendant.

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Case No. 20-2250

Hon. Joan H. Lefkow

Hon. Maria Valdez

AGREED STATUS REPORT – JUNE 22, 2020

Pursuant to this Court’s April 28, 2020 (“Order”), Plaintiff, Kelly Thimios (“Plaintiff”) and 

Defendant, National Credit Systems., Inc. (“NCS”), respectfully submit their Agreed Status Report 

and respectfully state as follows:

a. John P. Carlin from Suburban Legal Group, PC is the Attorney of Record for Plaintiff 

Kelly Thimios (“Plaintiff”) and will try the case. Katrina Marie DeMarte from DeMarte 

Law, PLLC the attorneys of record for Defendant NCS, Inc.,. (“Defendant”). Katrina

Marie DeMarte is lead counsel for Defendant. 

b. The basis for federal jurisdiction is the Fair Debt Collection Practices Act (“FDCPA”).

c. Plaintiff is arguing that Defendant is misleading Plaintiff that a settlement offer will not 

be renewed if not paid by a certain date.

d. Whether the Defendant is misleading the Plaintiff in the settlement offer attached to the 

Complaint as to whether this is actually the only chance for the Plaintiff to accept this 

settlement being offered by the Defendant.

e. NCS denies that it violated any consumer protection statutes or any other laws. NCS 

denies that it caused Plaintiff any damages.
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f. Plaintiff seeks Statutory Damages and Attorney Fees.

(a) Progress of Discovery:

None of the parties have served interrogatories, requests to admit, or requests to produce 

upon each other. None of the parties have issued any subpoenas. This case has not been before 

the Court for an initial status as of the date of this Report.

(b) Status of Briefing on Unresolved Motions: N/A

(c) Agreed Proposed Schedule for Next 45 Days:

i. Rule 26(a)(1) Disclosures: served on or before August 15, 2020.

(d) Agreed Proposed Discovery and Dispositive Motion Scheduled: The Parties propose 

that the Court set the following discovery deadlines:

i. MIDP Disclosures: July 9, 2020

ii. Rule 26(a)(1) Disclosures: served on or before August 15, 2020;

iii. Deadline to join parties and amend pleadings: October 1, 2020;

iv. Discovery completion date: October 15, 2020; and

v. Dispositive motion deadline: November 15, 2020.

(e) Requested Agreed Court Actions: At this time, the Parties cannot think of any action 

that this Court can take without a hearing, other than setting a discovery schedule.

(f) Position on Magistrate: The parties do not consent to proceed with the Magistrate at 

this time.
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(g) Settlement talks: The parties agree to discuss settlement talks informally, and both 

parties are in agreement that this case is a good case for alternative dispute resolution 

should the parties not be able to resolve on their own within three months’ time. 

Respectfully submitted and agreed,

ROSEMARY KUNSTBECK

By:/s John P. Carlin

John P. Carlin

Suburban Legal Group Ptshp.

Partnership 

1305 Remington Road 

Suite C 

Schaumburg, IL 60173 

(847) 843-8600 

jcarlin@suburbanlegalgroup.com

Respectfully submitted and agreed,

NATIONAL CREDIT SYSTEMS, INC.

By:/s Katrina M. DeMarte

Katrina Marie DeMarte

DeMarte Law, PLLC

39555 Orchard Hill Place

Suite 600; PMB 6338

Novi, MI 48357

(313) 509-7047

katrina@demartelaw.com

Attorney for National Credit Systems, Inc.

CERTIFICATE OF SERVICE

The undersigned counsel hereby certifies that this document was filed electronically this 22nd day 

of June 2020. Notice of this filing will be sent to counsel of record at the email addresses registered 

by them with the Court by operation of the Court’s electronic filing system. Parties may access 

this filing through the Court’s system. 

s/ John P. Carlin