United States of America v. Beretta et al

Filing 67

ORDER re 66 Proposed Order to Excuse Personal Appearance filed by Max Day. Signed by Magistrate Judge Elizabeth D. Laporte on 1/28/2009. (hlk, COURT STAFF) (Filed on 1/29/2009)

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RAY N. COX (SBN 050332) Attorney at Law 2600 West Shaw Lane Fresno, California 93711 Telephone: [phone] Fax: [phone] Attorney for Defendant, Max Day IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) ) Plaintiff, ) ) vs. ) ) WILLIAM C. BERETTA, JENNIFER ) BERETTA, MAX DAY, TOM'S SEPTIC ) TANK SERVICE, INC. ) ) Defendants. ) ____________________________________) UNITED STATES OF AMERICA, CASE NO. C 07 2930 SI REQUEST TO EXCUSE PERSONAL APPEARANCE OF DEFENDANT MAX DAY AT SETTLEMENT CONFERENCE AND ORDER THEREON SETTLEMENT CONFERENCE DATE: FEBRUARY 5, 2009 TIME: 10:00 A.M. DEPT: JUDGE LAPORTE C OURTROOM: E

TO MAGISTRATE JUDGE ELIZABETH D. LaPORTE: It is hereby requested on behalf of defendant MAX DAY that his personal appearance at the Settlement Conference on February 5, 2009, at 10:00 a.m. be excused. This request is made because said defendant resides in Homewood, California, which is in Placer County, near Lake Tahoe just inside the California-Nevada border. Said defendant's residence is over 200 miles from the aboveentitled Court. Defendant's home is located in a mountainous area with considerable winter weather difficulties. In addition, defendant is 82 years of age and has ongoing health issues which make traveling long distances extremely difficult. Defendant has had recent cataract surgery restricting his ability to drive. If he has to appear personally, he will have to make arrangements for someone else to drive him to the court. This defendant's personal appearance will not be helpful to the Court since this case is
_________________________ Request to Excuse Personal Appearance of Defendant Max Day at Settlement Conference and Order Thereon

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primarily a dispute between plaintiff and defendants William and Jennifer Beretta and defendant Max Day is a party only because of his recorded lien on the subject real property. If this request is granted, defendant will be available for contact by telephone during the Settlement Conference. DATED: January 27, 2009. Respectfully submitted,

__________________________________ RAY N. COX, Counsel for Defendant, Max Day

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ORDER The Court having reviewed and considered the request of defendant Max Day to excuse his personal appearance at the Settlement Conference in this matter and good cause appearing therefor, IT IS HEREBY ORDERED that the personal appearance of defendant Max Day at the Settlement Conference on February 5, 2009, at 10:00 is excused. Said defendant shall be available for telephone contact with his attorney during the time of the Settlement Conference. DATED:__1/___2009 _______ _ 28/ ____

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_________________________ Request to Excuse Personal Appearance of Defendant Max Day at Settlement Conference and Order Thereon

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S DISTRICT TE C TA _______________________________________ ELIZABETH D. LAPORTE D RD RE United States Magistrate Judge E S SO O IT I

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