Entrepreneur Media, Inc.v. Smith

Filing 127

ORDER signed by Magistrate Judge Edmund F. Brennan on 1/7/2013 GRANTING 125 Motion for Extension of Time; CONTINUING the Motion Hearing as to 115 Motion to Appoint Receiver to 4/17/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edm und F. Brennan; CONTINUING the Judgment Debtor Exam to 4/17/2013 at 10:00 AM in Courtroom 8 (EFB) before Magistrate Judge Edmund F. Brennan; ORDERING Smith's counsel to file a Notice of Appearance in this action pursuant to L.R. 182(a). (Michel, G)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ENTREPRENEUR MEDIA, INC.,
Plaintiff,

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vs.

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No. 2:10-mc-55-JAM-EFB

SCOTT SMITH dba
ENTREPRENEURPR,

ORDER

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Defendant.
/

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This miscellaneous action, in which defendant is pro se, was referred to the undersigned

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under Eastern District of California Local Rule 302(a). Presently noticed for hearing on January

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16, 2013 is judgment creditor and plaintiff Entrepreneur Media, Inc.’s (“EMI”) motion for

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appointment of receiver of domain names and registered trademark. Dckt. Nos. 115, 124. A

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judgment debtor examination of defendant and judgment debtor Smith is also scheduled for

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January 16, 2013. Dckt. Nos. 121, 124. Both matters were continued from their originally

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noticed date of October 17, 2012 after Smith requested a ninety day extension. Dckt. Nos. 122,

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124.

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On January 2, 2013, Smith filed another motion for a ninety day extension of time to

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oppose the motion for appointment of a receiver. Dckt. No. 125. Smith also requests a ninety

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day continuance of the January 16, 2013 judgment debtor examination. Id. at 9. Smith contends
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that attorney Eric Mewes, who has agreed to represent Smith in this matter and who has begun

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working on the opposition, was physically prevented from timely filing the opposition because

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Mewes is still recovering from a recent major surgery and Mewes’ father recently underwent

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major surgery and Mewes has had to devote significant time to assist with his father’s medical

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care.1 Dckt. No. 125 at 2-3. Smith’s affidavit is also supported by a declaration from Mewes, in

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which Mewes corroborates Smith’s contentions. Dckt. No. 125-1. Smith states under penalty of

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perjury that he reasonably believed that Mewes could and would file a timely opposition to the

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motion, that Smith is acting in good faith, that this request for a further extension is necessitated

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by factors outside of Smith’s control, and the request is not sought for the purpose of delay.

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Dckt. No. 125 at 2, 9. Smith also states that he believes Mewes will ultimately be able to

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provide him with competent and effective representation in this matter. Id. at 3. Smith also

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states that he sent an email to EMI’s counsel requesting that he stipulate to a continuance but

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EMI’s counsel declined to so stipulate. Id.

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Although this court is cognizant of the numerous continuances in this case, in light of

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both Smith and Mewes’ representations regarding why a further extension of time is necessary,

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Smith’s request for a continuance will be granted.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Smith’s motion to continue the hearing on EMI’s motion for appointment of a

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receiver, Dckt. No. 125, is granted.
2. The hearing on EMI’s motion for appointment of a receiver, Dckt. No. 115, is
continued to April 17, 2013 at 10:00 a.m. in Courtroom No. 8.
3. The January 16, 2013 judgment debtor examination of Smith, Dckt. No. 121, is
continued to April 17, 2013 at 9:30 a.m. in Courtroom No. 8.

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Although Mr. Mewes indicates that he has “agreed to represent” Smith in this matter,
Dckt. No. 125-1 ¶ 5, he has not formally appeared on behalf of Smith, as required by Eastern
District of California Local Rule 182(a). If Mr. Mewes intends to represent Smith, he shall file a
notice of appearance as soon as possible.
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4. As soon as Smith’s counsel is able to do so, he shall file a notice of appearance in this

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action pursuant to Eastern District of California Local Rule 182(a).

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Dated: January 7, 2013.

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