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

Filing 19

ORDER granting 18 ; Request for continuance of scheduling conference and to extend by ten days the time for service of process signed by Magistrate Judge Sheila K. Oberto on 7/20/2010. The deadline for service of the summons and complaint is extended to 7/30/2010. The Scheduling Conference currently set for 8/3/2010 is continued to 9/14/2010 at 09:30 AM in Courtroom 8 (SKO) before Magistrate Judge Sheila K. Oberto. (Timken, A)

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

Doc. 19

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MORISON HOLDEN DEREWETZKY & 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 TO EXTEND BY TEN DAYS THE TIME FOR SERVICE OF PROCESS; AND PROPOSED ORDER Date: August 3, 2010 Time: 9:00 a.m. Place: Courtroom of Hon. Sheila K. Oberto

On June 18, the Court issued an order authorizing plaintiff The Burlington Insurance Company to employ service by publication to serve the summons and complaint on defendants Jacqueline Godbout and Anthony Godbout. Plaintiff's counsel thereafter arranged for service by publication, which commenced on Friday, July 2. The process is continuing, with the fourth and final notice to be published on Friday, July 23. Service will therefore be complete on Friday, July 30. See Watts v. Crawford, 10 Cal.4th 743, 747 n.4 (1995) (service by publication is complete upon "the conclusion of the fourth week
-1Request for Continuance of Scheduling Conference And [Proposed] Order
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MORISON HOLDEN DEREWETZKY & PROUGH, LLP

following the first day of publication"). Defendants will then have 21 days, i.e., until Friday, August 20, to make their appearances. Plaintiff therefore requests that the Court continue by approximately six weeks the Scheduling Conference currently scheduled for August 3, 2010, to allow time for the Godbout defendants to make their appearances and participate in preparing a joint Scheduling Report. Specifically, to provide sufficient time after Friday, August 20 for plaintiff and defendants to hold the Rule 26(f) Conference of the Parties and prepare a joint Scheduling Report for filing seven days before the Scheduling Conference, plaintiff respectfully requests that the Scheduling Conference be set for Tuesday, September 14, or the first available date thereafter. Plaintiff also requests that the time for service to be completed be extended by approximately 10 days to July 30, as that is the date on which the service by publication pursuant to the June 18 Order will be complete. Dated: July 20, 2010 Respectfully submitted, MORISON HOLDEN DEREWETZKY & PROUGH, LLP

By: s/Thomas Holden Thomas Holden Attorneys for Plaintiff THE BURLINGTON INSURANCE COMPANY ORDER The deadline for service of the summons and complaint is extended to July 30, 2010. The Scheduling Conference set for August 3, 2010, shall be continued to September 14, 2010, at 9:30 a.m. IT IS SO ORDERED. Dated: ie14hje

July 20, 2010
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/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGEature-END:
Request for Continuance of Scheduling Conference And [Proposed] Order