BLX Capital, LLC v. Samjin General Supply, Inc. et al

Filing 17

STIPULATION and ORDER signed by Judge Garland E. Burrell, Jr on 11/10/09 re 16 ORDERING that Status Conference is CONTINUED to 1/19/2010 at 09:00 AM in Courtroom 10 (GEB) before Judge Garland E. Burrell Jr. A joint status report shall be filed fourteen days prior to the hearing.(Duong, D)

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LEO D. PLOTKIN (SBN 101893) JOHN MERTENS (SBN 252762) LEVY, SMALL & LALLAS A Partnership Including Professional Corporations 815 Moraga Drive Los Angeles, California 90049-1633 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff BLX CAPITAL, LLC UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA BLX CAPITAL, LLC. Plaintiff, vs. SAMJIN GENERAL SUPPLY, INC., ET AL., Defendants. Case No. 2:09-CV-02438 GEB-JFM STIPULATION TO CONTINUE SCHEDULING CONFERENCE; ORDER THEREON Date: Time: Ctrm: December 14, 2009 9:00 a.m. 10

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This stipulation is made by and between Plaintiff BLX Capital, LLC and defendants Samjin General Supply, Inc. dba Sam Jin Roofing Supply, Mason Au, Nanjoo Au, the United States of America, on behalf of the U.S. Small Business Administration, and Wabash National Trailer Centers, Inc., by and through their respective counsel of record, with respect to the following facts: 1. 2. A Scheduling Conference in the above-captioned matter is set for Counsel for Plaintiff also has scheduled, on that same date, scheduling December 14, 2009. conferences in matters in Riverside, California, and Santa Ana, California (Textron Financial Corporation v. Garthwaite, Case No. CV-09-5606-RGK (VBKx); BLX Capital, LLC v. ZNM Holdings, Inc., Case No. SACV09-1000 JVS(MLGx)). In order to accommodate counsel, all counsel are willing to continue the Scheduling Conference in this matter. In the weeks following December 14, 2009, various counsel are unavailable on December 28, 2009 and January 4, 2010. NOW, THEREFORE, IT IS STIPULATED as follows: 1. That the Scheduling Conference be continued from December 14, 2009 to a date convenient to the Court, excluding December 28, 2009 and January 4, 2010. Dated: November 9, 2009 LEO D. PLOTKIN JOHN MERTENS LEVY, SMALL & LALLAS A Partnership Including Professional Corporations By: /s/ Leo D. Plotkin Leo D. Plotkin Attorneys for Plaintiff BLX CAPITAL, LLC (Signatures continued on next page)

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Dated: November 9, 2009

JAMES J. KIM KIM & ASSOCIATES By: /s/ James J. Kim James J. Kim Attorneys for Defendants Sam Jin General Supply, Inc., Mason Au, and Najoo Au

Dated: November 9, 2009

BILL J. SYMES FOLEY & LARDNER LLP By: /s/ Bill J. Symes Bill J. Symes Attorneys for Defendant Wabash National Trailer Centers, Inc.

Dated: November 9, 2009

LAWRENCE G. BROWN United States Attorney By: /s/ Bobbie J. Montoya Bobbie J. Montoya Attorneys for the United States of America on behalf of Defendant U.S. Small Business Administration

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: November 10, 2009

ORDER The Scheduling Conference scheduled for December 14, 2009, is continued to January 19, 2010, at 9:00 a.m. in Courtroom 10 of the above-captioned Court. A joint status report shall be filed fourteen days prior to the hearing.

GARLAND E. BURRELL, JR. United States District Judge

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PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my business address is 815 Moraga Drive, Los Angeles, California 90049. On November 9, 2009, I served the documents described as STIPULATION TO CONTINUE SCHEDULING CONFERENCE; ORDER THEREON on the interested parties in this action by placing a true copy thereof in sealed envelope(s) addressed as follows: COUNSEL FOR SAM JIN GENERAL SUPPLY, INC., MASON AU, AND NAJOO AU James J. Kim, Esq. Kim & Associates 2201 Broadway, Suite 803 Oakland, CA 94612 Email: [e-mail] COUNSEL FOR UNITED STATES SMALL BUSINESS ADMINISTRATION Bobbie J. Montoya Assistant U.S. Attorney Eastern District of California 501 I Street, Suite 10-100 Sacramento, CA 95814 Email: [e-mail]

COUNSEL FOR WABASH NATIONAL TRAILER CENTERS, INC. Bill J. Symes, Esq. Foley & Lardner LLP One Maritime Plaza, Suite 600 San Francisco, CA 94111 Email: [e-mail] By Mail

As follows: I am "readily familiar" with the firm's practice of collection

and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at Los Angeles, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit.

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(By Service of Court via Notice of Electronic Filing ("NEF") Pursuant to

controlling General Order(s), the foregoing document will be served by the Court via NEF and hyperlink to the document. I checked the CM/ECF docket for this action and determined that the following person(s) are on the Electronic Mail Notice List to receive NEF transmission at the email addresses indicated on the attached service list.

(Federal) I declare that I am employed in the office of a member of the bar of this

court at whose direction the service was made. Executed November 9, 2009, at Los Angeles, California. /s/ Heidi Petrilli Heidi Petrilli

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