Hopson v. Aleshmali et al

Filing 7

ORDER signed by Senior Judge William B. Shubb on 2/27/2018 GRANTING 6 Plaintiff's Request to continue the Scheduling Conference to 5/21/2018 at 01:30 PM in Courtroom 5 (WBS) before Senior Judge William B. Shubb. A Joint Status Report shall be filed by 5/7/2018. (Kirksey Smith, K)

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DANIEL MALAKAUSKAS, SBN 265903
7345 South Durango Drive
Suite B-107-240
Las Vegas, NV 89113
Tel: [phone]
Fax: [phone]
[e-mail]

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Attorney for PLAINTIFF:

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CYNTHIA HOPSON

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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SACRAMENTO DIVISION

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13 CYNTHIA HOPSON,
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PLAINTIFF,

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v.

18 NASR AHMED ALESHMALI, as an
individual and doing business as “Jimmy’s
19 Market”, TIMOTHY J. SPENCER, as an
20 individual and as trustee for The Spencer
Family 2015 Revocable Trust, LISA M.
21 SPENCER, as an individual and as trustee for
The Spencer Family 2015 Revocable Trust,
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THE SPENCER FAMILY 2015
23 REVOCABLE TRUST, and DOES 1-10,
inclusive,
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DEFENDANTS.
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Case No.: 2:17-cv-2084-WBSEFB
REQUEST FOR
CONTINUANCE OF RULE 26
CONFERENCE AND
[PROPOSED] ORDER
GRANTING THEREOF
DATE: March 12th, 2018
Time: 1:30 p.m.
Courtroom: 5
Judge: Hon. William B. Shubb

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PLEASE TAKE NOTICE, on February 5

th,

2017, this Court, by the Order of the

Honorable William B. Shubb, scheduled the Rule 26 Status Conference for March
REQUEST FOR CONTINUANCE OF RULE 26 CONFERENCE AND [PROPOSED] ORDER GRANTING
THEREOF

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12th, 2018, at 1:30 p.m., in Courtroom 5, of the Robert T. Matsui United States

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Courthouse, located at 501 I Street, in Sacramento, California. Daniel Malakauskas,

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attorney for Plaintiff, Cynthia Hopson, now humbly makes a request that this Court
continue the Rule 26 Conference an additional thirty (30) days to allow Plaintiff to
effectuate service.

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Initially, Plaintiff’s Attorney hired the process server company, Modesto Legal

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Support Services, to serve defendants: Nasr Ahmed Aleshmali; Timothy Spencer; Lisa

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Spencer; and the Spencer Family 2015 revocable trust.
Modesto Legal Support Services failed to provide Plaintiff’s Attorney with any
proof of services or status reports after he placed the order with them.

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On February 6th, 2018, Plaintiff’s Attorney emailed Modesto Legal Support
Services inquiring as to the status of the service. At, or, around the same time,

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Plaintiff’s Attorney called Modesto Legal Support Services. Plaintiff’s Attorney was

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told that he would receive a call back from the appropriate employee but never

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received a call back.
On February 14th, 2018, Plaintiff’s Attorney emailed Modesto Legal Support
Services again inquiring as to the status of service.

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When Plaintiff’s Attorney did not receive a response, he called Modesto Legal

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Support Services sometime thereafter. While on the phone with Modesto Legal

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Support Services, Plaintiff’s Attorney got into an argument with who he assumes was

REQUEST FOR CONTINUANCE OF RULE 26 CONFERENCE AND [PROPOSED] ORDER GRANTING
THEREOF

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a manager. The manager informed Plaintiff’s Attorney that they had never received

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any order from Plaintiff’s Attorney and that any lack of service was the fault of

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Plaintiff’s Attorney.
After the phone call, Plaintiff’s Attorney promptly hired the process server
company, Valpro Attorney Services, to serve the Defendants.

Valpro Attorney

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Services is currently serving defendants.
A week and half after the phone call resulting in an argument with Modesto

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Legal Support Services, Plaintiff’s Attorney received a letter from Modesto Legal
Support Services. The letter contained a declaration of non-service and diligence.
The declaration stated that Modesto Legal Support Services had tried to serve

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defendants, Timothy Spencer, Lisa Spencer, and the Spencer Family 2015 revocable

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trust at 4220 Gabriel Way, in Modesto, California on the dates: January 12 th, 13th, 16th,

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17th, 19th, 20th, and 21st, 2018. However, all attempts were unsuccessful. In addition,

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despite Plaintiff’s Attorney’s clear instructions, the process server company did not

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attempt to serve Nasr Ahmed Aleshmali.

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While Plaintiff’s Attorney was attempting to ensure that all defendants were

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served with process, Plaintiff’s Attorney received a letter from Attorney Bart W.

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Barringer around February 15th, 2018 (Although the letter was dated February 8th,

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2018). Attorney Bart W. Barringer informed Plaintiff’s Attorney that he represented

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defendants, Timothy Spencer and Lisa Spencer. Attorney Bart W. Barringer informed

REQUEST FOR CONTINUANCE OF RULE 26 CONFERENCE AND [PROPOSED] ORDER GRANTING
THEREOF

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Plaintiff’s Attorney that his clients had removed the barriers from the property and

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that the property was fully compliant.

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Plaintiff’s Attorney contacted Bart W. Barringer to discuss having a full site

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inspection to determine the condition of the property and ensure the barriers were

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removed. The parties agreed to allow Plaintiff’s Attorney to have his expert conduct a

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full site inspection on March 4th, 2018 at 10:00 a.m.
For these reasons, Plaintiff’s Attorney humbly asks the court for an additional

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thirty (30) days to enact service. Valpro Attorney Services is currently in the process
of effectuating service.

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Date: February 27th, 2018.

/s/ Daniel Malakauskas_________
By: DANIEL MALAKAUSKAS
Attorney for PLAINTIFF
CYNTHIA HOPSON

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ORDER

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IT IS HEREBY ORDERED, that the status conference is continued from

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March 12th, 2018, at 1:30 p.m. until May 21, 2018 at 1:30 p.m. A Joint Status Report

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shall be filed by May 7, 2018.

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Dated: February 27, 2018

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REQUEST FOR CONTINUANCE OF RULE 26 CONFERENCE AND [PROPOSED] ORDER GRANTING
THEREOF