Tuck v. HCC Surety Group et al

MOTION for Extension of Time to File Opposition as to 9 MOTION to Dismiss

S.D. Cal.April 15, 2016

1 Deborah Tuck 1600 E. Vista Way #85 2 Vista CA 92084 Ph: 760-840-1551 3 4 Plaintiff In Pro Se 5 6 FILED APR 162016 '" K us DISTRICT COURT s"'~£~N DISTRICT OF CAL~~tll¢ av)U7 7 11 ________________________________________________________ _ 8 IN THE UNITED STATED DISTRICT COURT SOUmERN DISTRICT OF CALIFORNIA 911 ______ ~------~--------------------------------------- 10 DEBORAH TUCK, 11 12 13 vs. Plaintiff, 14 HCC SURETY GROUP, a California corporatIOn 15 AMERICAN CONTRACTORS INDEMNITY COMPANY, a 16 California corporation, EXPERIAN INFORMATION 17 SOLUTIONS, INC., a business entity, form unknown, 18 Defendant's, 19 11 ________________________ __ CASE NO. 3:16-cv-002~-CAB-DHB NOTICE OF PLAINTIFF'S: MOTION TO EXTEND TIME FEDERAL CIVIL RULE ~'b )(6) t~X8¥f6fEL5~WnEfJtfsO~6(Jr MOTION TO DISMISS MOTION TO RE-SET CASE MANGEMENTCONFERENCE DATE: April 19, 2016 TIME: 9:00 a.m. COURTROOM: 4C BEFORE THE HONORABLE CATHY ANN BENCIVENGO 20 COMES NOW, DEBORAH TUCK, Plaintiff In Pro Se in the above-entitled 21 . and case hereby files with the honorable court the following: 22 • Motion to Extend Time 23 • Motion to Re-Set Case Management Conference 24 Oral arguments are to be heard on this courts docket sheet are scheduled for 25 Tuesday, April 19, 2016, at 9:00 a.m. in courtroom 4C. 26 -lid 27 Dated this !;5 {tay of April 2016. 28 DEBORAH TUCK APR 1 5 101 -1- CLEHK us Ol8TRICT C RT SOUTHEAN IJIS'rRIG r Of CA IFORNIA 16cv231-CAB-DHB Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 1 of 8 1 Deborah Tuck 1600 E. Vista Way #85 2 Vista CA 92084 Ph: 760-840-1551 3 4 Plaintiff In Pro Se 5 6 11 ________________________________________________________ __ 7 IN THE UNITED STATED DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO. 3:16-cv-00230-CAB-DHB MOTION TO EXTEND TIME TO RESPOND FEDERAL CIVIL RULE 6(~(6) r-EXCUSABLE NEGLECT- FOR TIME TO OPPOSE D ENDANT'S 12b(6) MOTION TO DISMISS MOTION TO RESET CASE MANAGEMENT CONFERENCE DATE: April 19, 2016 TIME: 9:00 a.m. COURTROOM: 4C BEFORE THE HONORABLE CATHY ANN BENCIVENGO MOTION TO EXTEND TIME TO RESPOND r Federal Rules of Civil Procedure §fi(b)(6)]. 19 DEBORAH TOCK, PlamttffIn Pro Se m the above-entItled case hereby 20 moves this honorable court in a timely manner for a Motion to Extend Time to 21 Respond pursuant to Federal Rules of Civil Procedures §6(b)( 6), [Computing and 22 Extending Time]; [Time for Motion Papers]; [Extending Time] and (FRCP) §7(b). 23 Plaintiff TUCK was to file her Opposition to defendants's Motion to Dismiss 24 for Failure to State a Claim (PRCP) §12(b)(6) by April 5, 2016. 25 I, DEBORAH TUCK, would now timely move the honorable court to extend 26 out my time to file my Opposition to defendant's Motion to Dismiss for Failure to 27 State a Claim (FRCP) §12(b)(6) to the date of Friday May 20, 2016, and further .--------'1---. 28 requests the court's scheduling calendar be adjusted as the court deems 1= roper. -1- APR 1 5 10 6 GLERK us !liSTRICT OURT sourH~r-~N OlSffi!CT or: Al{FORNIA DEBORAH TUCK V. HCC SURETY GROUP, ET AI. 3:16-CV-00230-CAB-DHB RECEIV~ D MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE MANAGEMENT CO IH;REJliCIl--~"f""'-......J C oJrt-r (' PJ () V Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 2 of 8 1 Attached hereto and incorporated herein by reference is a Memorandum of 2 Points and Authorities in support of this Motion to Extend Time, along with a 3 detailed prayer for specific relief requested. 4 5 Dated this /51ay of April 2016 - -J)r--9! C :If.A~U'-------''---=--_~.L!t-,,=U=. ---'C~ __ _ 6 DEBORAH TUCK, PLAINTIFF IN PRO SE 7 8 9 PLAINTIFF'S MOTION TO EXTEND TIME NOTICE OF HEARING [Federal civil Rule R.7] 10 Unless this court deems otherwise, this hearing date for said Motion will be 11 set for hearing on Friday May 20,2016 at 9:00 a.m. and a response from the 12 defendant HCe SURETY GROUP et al .. hereto will be set for seven (7) days after 13 this hearing date or Friday May 27,2016, or whatever the court deems appropriate. 16 DEBORAH TUCK, PlaintiffIn Pro Se, 17 III 18 III 19 III 20 III 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III -2- DEBORAH TUCK V. HCC SURETY GROUP, ET AL. 3:16-CV-00230-CAJl.DHB MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE MANAGEMENT CONFERENCE Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 3 of 8 <' 1 Deborah Tuck 1600 E. Vista Way #85 2 Vista CA 92084 Ph: 760-840-1806 3 4 Plaintiff In Pro Se 5 6 7 11 ________________________________________________________ _ 8 IN THE UNITED STATED DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA CASE NO. 3:16-cv-00230-CAB-DHB MEMORANDUM OF POINTS AND AUTHORITIES RE: PLAINTIFF'S MOTION TO EXTEND TIME FEDERAL CIVIL RULE 6fa) rEXCUSABLE NEGLECT FOR TIME TO OPPOSE DEFENDAN 'S 12b(6) MOTION TO DISMISS MOTION TO RE-SET CASE MANGEMENT CONFERENCE DATE: April 19, 2016 TIME: 9:00 a.m. COURTROOM: 4C Defendant's BEFORE THE HONORABLE 19 ' CATHY ANN BENCIVENGO l"UlNl:S ANlJ AlnHORITIES IN SUPPORT 20 OF PLAINTIFF'S MOTION TO EXTEND TIME 21 1. Plaintiff DEBORAH TUCK timely brings this Motion to Extend Time to File her 22 opposition motions to defendant's Motion to Dismiss for Failure to State a Claim 12(b)( 6). 23 This motion is not meant to cause undue delay, nor cause any prejudice or harm to another party. 24 2. On January 29,2016, plaintiff TUCK (hereinafter "TUCK") fIled a complaint for 25 damages alleging several statutory violations of the Fair Debt Collection Practices Act (FDCPA 26 the Telephone Collection Practices Act (TCP A) the Fair Debt Reporting Act (FDRA) and 27 the California Rosenthal Fair Collection Practices Act (CRFDCPA) committed by 28 HCC SURETY GROUP (hereinafter "HCC") and their employee's. -1- APR 1 5 2.16 DEBORAH TUCK v. HCC SURETY GROUP, ET AL. 3 :16~CV-00230-CAB-DHB sou~~·i~~ ~1~i)~~6,n g~~~6RNIA MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF RECEIVgp MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE Cru~T&PVNeE---F-- Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 4 of 8 1 3. On January 29, 2016, plaintiffTUCK filed a prima facie verified 2 Complaint with short simple statement offacts pursuant to Federal Civil Rule 8(a) 3 and stated therein the relief requested. 4 4. Forty six (46) days later on March 15,2016 defendant HCC filed with the 5 honorable court a virtual "Bible" of motions approximately five (5) inches thick 6 [when stackedJ all in the same business day, consisting of more than twenty five (25) 7 separate individual motions, Points and Authorities, declarations, exhibits and 8 even a Request for Judicial Notice. 9 5. [03/15/20161 HCC MOTIONS FILED IN ONE DAY INCLUDE THE 10 FOLLOWING: 11 6. MOTION TO DISMISS (F.R.C.P.) 12(b) (1) And (6) by American Contractors Indemnity Company, HCC Surety Group. (Attachments: # I Memo of Points and Authorities In Support Of Defendant 12 HCC Surety Group And American Contractors Indemnity Company's Motion To Dismiss Pursuant To Rule 12B (1) And (6), # 2 Declaration Of Suzanne Baciocco In Support Of Motion To Dismiss, # 3 Exhibit 1, # 4 13 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # II 14 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit II, # 14 Exhibit 12, # 15 Proof of Service )(Blush, Susan)Attomey Susan Addison Blush added to party American Contractors Indemnity Company(pty:dft), Attorney Susan Addison Blush added to party HCC Surety Group(pty:dft) (cxl). (Entered: 03/15/2016). 15 7. REQUEST FOR JUDICIAL NOTICE by American Contractors Indemnity Company, 16 HCC Surety Group re 9 MOTION to Dismiss (F.R.C.P.) 12(b) (I) And (6) (Attachments: # 1 Memo of Points and Authorities In Support Of Defendants' Motion Requesting Judicial Notice, # 2 Exhibit 1, # 3 17 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Proof of Service)(Blush, Susan) (cxl). (Entered: 03/15/2016) 18 8. Corporate Disclosure Statement by American Contractors Indemnity Company, 19 HCC Surety Group identifying Corporate Parent HCC Surety Group for HCC Surety Group; Other Affiliate American Contractors Indemnity Company for American Contractors Indemnity 20 Company .. (Attachments: # 1 Proof of Service)(Blush, Susan)(cxl). (Entered: 03115/2016) 21 9. During the past seven (7) years defendant HCC has sued plaintiff TUCK 22 in State Court and somehow despite being unable to properly serve the plaintiff with 23 any Summons, Complaint or otherwise for over seven (7) years obtained a bogus 24 . udgement in State court against plaintiff TUCK and her husband. 25 10. Plaintiff TUCK appeared in Los Angeles State court on April 07, 2016 to 26 address the bogus judgement fraudulently obtained there by HCC, plaintiffs daily 27 responsibilities include attending to the daily health requirements of her 87 year old 28 mother-in-law and 62 year old sister-in-law presently awaiting surgery. -2- DEBORAH TUCK V. HCC SURETY GROUP, ET AL. 3:16·CV-00230-CAB-DHB MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE MANAGEMENT CONFERENCE Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 5 of 8 1 12. Plaintiff filed a prima facie verified Complaint with short simple statement 2 of facts pursuant to Federal Civil Rule 8( a) stating therein the relief requested, 3 defendant HCC in contrast has filed a Motion to Dismiss pursuant to Federal Civil 4 Rule 12(b)(1) and 12(b)(6) attempting to misdirect the court by submitting off point 5 pleadings with redundant, immaterial, impertinent, or scandalous matter of facts and 6 arguments into the case:.e none is pertinent, all in an attempt to disguise their '. 7 illegal consumer collection practices and acts. 8 13. Defendant HCC has mired Plaintiff TUCK's Complaint for statutory 9 violations of the Federal Debt Collection Practices Act and Telephone Consumer 10 Practices Act by submitting pleadings that hold no material facts directly pertaining 11 to plaintiff TUCKS (FDCPA) (TCPA) and California Rosenthal pleadings. 12 Defendant HCC instead has filed the same exact redundant lengthy pleadings they 13 filed in State court to mire these federal proceedings. 14 14. Plaintiff TUCK further alleges and believes that defendant HCC re-aged 15 documents filed in State court to try to stay within the four (4) year statute of limitations. 16 The originally alleged Contracting incident occurred in 2009 more that seven (7) years ago. 17 15. This court presently holds subject matter jurisdiction in this and the 18 State case: plaintiff TUCK so states the following; 19 a) Plaintiff Tuck was never properly served with service of Summons, 20 Complaint, Notice of Entry of Judgement or otherwise in State Court. 21 b) Plaintiff TUCK has been denied her due process rights which include 22 the right to "Administrative Remedies "in the same State court arena. 23 c) Plaintiff TUCK was directly barred by defendant HCC from anylall_ 24 appealable issues or redress in the State court case. by never properly serving 25 1{JiaintiffTUCKwith anvthinI!. 26 WHEREFORE, Plaintiff TUCK respectfully requests the court to allow her 27 thirty (30) days to avail herself of her legal avenues and properly address HCC's 28 twenty five (25) [recently filed] very extensive lengthy motions. -3- DEBORAH TUCK V. HCC SURETY GROUP, ET AL. 3:16-CV-00230-CAB-DHB MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE MANAGEMENT CONFERENCE Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 6 of 8 1 PRAYER 2 16. Plaintiff respectfully moves this honorable court to grant plaintiff's 3 Motion to Extend Time and Motion to Re-Set Case Management Hearing and 4 adjust the Court Callander because of excusable neglect as a "matter oflaw" 5 ~ 6 Signed this ;5 day of April 2016 Respec~lly ~~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 III III III III III III III III III III III III III III III III III III J).J~ } .L- DEBORAH TUCK, Plaintiff In Pro Se -4- DEBORAH TUCK v. HCC SURETY GROUP, ET AL. 3:16-CV-00230-CAB-DHB MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO EXTEND TIME TO RESPOND- MOTION TO RE-SET CASE MANAGEMENT CONFERENCE Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 7 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 1 2 CASE NAME: Deborah Tuck v~ HCC Sur~GroYf' et al. CASE NUMBER:3:16-CV-00230-C -DH PROOF OF SERVICE 3 4 I am a resident of the County of San Diego State of California and I am over the a~ of eighteen (18) and not a party to the wiihln action; my home address is 5 1600E. Vista Way, Space 85, Vista, CA, 92084, 6 On April 16, 2016, I served the following document[s] described as: 7 NOTICE OF PLAINTIFF'S MOTION TO EXTEND TIME - MOTION TO RE-SET CASE MANAGEMENT CONFERENCE 8 MOTION TO EXTEND TIME TO RESPOND - MOTION TO RE-SET CASE 9 MANAGEMENT CONFERENCE 10 MEMORANDUM OF POINTS AND AUTHORITIES RE: PLAINTIFF'S MOTION TO EXTEND TIME - MOTION TO RE-SET CASE 11 MANAGEMENT CONFERENCE 12 J{ROPOSED ORDERd GRANTING PLAINTIFF'S MOTION TO EXTEND IME PURSuANT T FEDERAL CIVIL RULE 6(a) 13 on the parties in this action listed below in the manner designated below: 14 LANAK & HANNA P.e., Robert J. Stroj, Esq. (Bar No. 242982) 15 625 The City Drive South, Suite 190, Orange, CA, 92868 16 BY U.S MAIL. I caused such envelope, with postage thereon fully j:!repaid, to 17 De placed for deposit at 1600 E. Vista Way #85, Visfa, CX, 92084, in the Onited States Postal Service. I am familiar with the regular mail collection and Rrocessing 18 practices of the United States Ninth District Court, that the mail will be deposited with the United States Postal Service that same day in the ordinW)! course of 19 business, and that the envelope was sealed and deposited for collection and mailing on the above date. 20 X (BY OVERNIGHT COURIER) I served the foregoing document[ s 1 by FOOEx, an express service carrier which provides overnight delivery, as foHows: I 22 Rlaced true copies of the foregoing document[ s] in a sealed envelopes or packages designated by the express service 21 23 carrier, adili'essed to each interested party as set forth above, with fees for overnight delivery pre-paid or provided for. 24 25 X (BY E-MAIL SERVICE) I caused such document to be delivered - electronically via e-mail 26 to the e-mail address of the addressee( s) set forth in the above service list. 27 Executed on April 15,2016 at San Diego,5=alifornia 28 CLERK US ulSTRiCT CURT SOUTi-!EP.N DISTRICT OF C liFORNIA PROOF OF SERVICE BY OVERNIGHT COURIER RECEIV.~---I (2ourrr &0/ Case 3:16-cv-00231-CAB-DHB Document 15 Filed 04/15/16 Page 8 of 8