The Burlington Insurance Company v. Diamond Partners, Inc. et al

Filing 12

ORDER Continuing the Scheduling Conference currently set for 4/22/2010 before Magistrate Judge Snyder to 6/23/2010 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. Order signed by Magistrate Judge Sheila K. Oberto on 4/16/2010. (Timken, A)

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MORISON HOLDEN DEREWET Z K Y & PROUGH, LLP

WILLIAM C. MORISON (No. 99981) THOMAS HOLDEN (No. 130277) MORISON HOLDEN DEREWETZKY & PROUGH, LLP 1550 Parkside Drive, Third Floor Walnut Creek, California 94596 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff THE BURLINGTON INSURANCE COMPANY UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THE BURLINGTON INSURANCE COMPANY,

) ) ) ) Plaintiff, ) ) vs. ) ) DIAMOND PARTNERS, INC., dba THE ) OTHER BAR; JACQUELINE GODBOUT ) and ANTHONY GODBOUT, Individually ) and as Conservators of KENNETH ) GODBOUT; and ANTHONY GODBOUT as ) Guardian Ad Litem for the Children of ) KENNETH GODBOUT, ) ) Defendants. ) )

No. 1:10-cv-00100-LJO-SKO REQUEST FOR CONTINUANCE OF SCHEDULING CONFERENCE AND ORDER Date: April 22, 2010 Time: 9:00 a.m. Place: Courtroom of Hon. Sheila K. Oberto

Plaintiff The Burlington Insurance Company ("Burlington") hereby requests that the Court continue the scheduling conference currently scheduled for April 22, 2010 to permit time for defendants Jacqueline Godbout and Anthony Godbout to be personally served with the summons and complaint and make their appearances. The complaint was filed in this action on January 21, 2010, and was served on defendant Diamond Partners, Inc., on January 22, 2010. On April 14, 2010, having received no answer or other appearance by Diamond Partners, plaintiff Burlington filed a Request for Entry of Default
-1Request for Continuance of Scheduling Conference And [Proposed] Order

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against Diamond Partners. Default was entered by the Clerk on April 15, 2010. On February 19, plaintiff's counsel mailed requests for waivers of service, along with a copy of the complaint, to counsel for defendants Jacqueline Godbout and Anthony Godbout. No response has been received to those requests for waiver of service, so Burlington is now trying to find and personally serve those defendants. At this point, however, none of the defendants have appeared in this matter. Burlington therefore respectfully requests that the Court continue the Scheduling Conference currently scheduled for April 22, 2010, by approximately 60 days to allow time for the Godbout defendants to be served, to make their appearances, and to participate in the Rule 26(f) Conference of the Parties. Dated: April 16, 2010 Respectfully submitted, MORISON HOLDEN DEREWETZKY & PROUGH, LLP

By: s/Thomas Holden Thomas Holden Attorneys for Plaintiff THE BURLINGTON INSURANCE COMPANY

ORDER IT IS SO ORDERED. The Scheduling Conference set for April 22, 2010, shall be continued until Wednesday, June 23, 2010, at 9:30 a.m.

Dated: April 16, 2010 /s/ Sheila K. Oberto _ United States Magistrate Judge Sheila K. Oberto
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MORISON HOLDEN DEREWET Z K Y & PROUGH, LLP

-2Request for Continuance of Scheduling Conference And [Proposed] Order

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