United States Of America v. Moss et al

Filing 11

ORDER by Judge Jeffrey S. White GRANTING 10 Motion to Continue. (jswlc3, COURT STAFF) (Filed on 2/6/2008)

United States Of America v. Moss et al

Doc. 11

Case 3:07-cv-04632-JSW

Document 11

Filed 02/06/2008

Page 1 of 3

1 2 3 4 5 6 7

JOSEPH P. RUSSONIELLO (CSBN 44332) United States Attorney THOMAS MOORE (ASBN 4305-T78O) Assistant United States Attorney Chief, Tax Division DAVID L. DENIER (CSBN 95024) Assistant United States Attorney 9th Floor Federal Building 450 Golden Gate Avenue, Box 36055 San Francisco, California 94102 Telephone: [phone] Fax: [phone] Attorneys for the United States of America

8 9 10 11 12 13 14 15 16 Defendants. 17 18 19 20 21 22 23 24 25 26 27 28 v. MARVIN K. MOSS and MARJORIE MOSS, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION UNITED STATES OF AMERICA, Plaintiff, ) ) ) ) ) ) ) ) ) ) ) NO. C-07-04632-JSW

MOTION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON

On December 21, 2007, the United States appeared for an initial Case Management Conference. The government reported that the defendants had been served, but had not answered the complaint. The government further stated that it would take the defendants defaults and then file motions for default judgments. The government filed a request for entry of default against each defendant on December 19, 2007. The Clerk of the Court entered the defendants' defaults on January 18, 2008. Government counsel is presently preparing for trial before Judge Jensen in United States v. Kenneth Gerald Bordewick, No. CR-06-0022-DLJ, which commences February 11, 2008. The pretrial conference is set for February 8, 2008, at 11:00 a.m. The government will file its motions for default judgment after this trial is completed. The government, therefore, ///

Dockets.Justia.com

Case 3:07-cv-04632-JSW

Document 11

Filed 02/06/2008

Page 2 of 3

1 2 3 4

respectfully requests that the Case Management Conference set for February 8, 2008, at 1:30 p.m. be continued for 30 days..

Respectfully submitted, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
Mot. To Cont. CMC (No. C-07-04632-JSW )

JOSEPH P. RUSSONIELLO United States Attorney /s/ David L. Denier DAVID L. DENIER Assistant United States Attorney Tax Division Plaintiff's motion is GRANTED. Plaintiff, however, is advised that any further requests to continue case management conferences shall be submitted on the date the case management statement is due. Further, Plaintiff is reminded that a proposed order must be submitted with all motions. The case management conference scheduled for February 8, 2008, at 1:30 p.m. is HEREBY CONTINUED to March 7, 2008, at 1:30 p.m. Plaintiff must file its motion for default judgment by no later than February 29, 2008, or file a request to extend that deadline which shows good cause for such an extension. If Planitiff files a motion for default judgment on or before February 29, 2008, the case management conference shall be vacated. February 6, 2008

2

Case 3:07-cv-04632-JSW

Document 11

Filed 02/06/2008

Page 3 of 3

1 CERTIFICATE OF SERVICE 2 I, KATHY P. TAT declare: 3 That I am a citizen of the United States of America and employed in San Francisco 4 County, California; that my business address is Office of United States Attorney, 450 Golden 5 Gate Avenue, Box 36055, San Francisco, California 94102; that I am over the age of eighteen 6 years, and am not a party to the above-entitled action. 7 I am employed by the United States Attorney for the Northern District of California and 8 discretion to be competent to serve papers. The undersigned further certifies that I caused a copy 9 of the following: 10 MOTION TO CONTINUED CASE MANAGEMENT CONFERENCE 11 to be served this date upon the party(ies) in this action by placing a true copy thereof in a sealed 12 envelope, and served as follows: 13 _X___ FIRST CLASS MAIL by placing such envelope(s) with postage thereon fully prepaid in 14 the designated area for outgoing U.S. mail in accordance with this office's practice. 15 ____ PERSONAL SERVICE (BY MESSENGER) 16 ____ 17 to the parties addressed as follows: 18 19 20 21 22 I declare under penalty of perjury under the laws of the United States that the foregoing is 23 true and correct. 24 Executed on February 6, 2008 at San Francisco, California. 25 26 27 28
Mot. To Cont. CMC (No. C-07-04632-JSW )

FACSIMILE (FAX) No.: __________________

MARVIN K. MOSS 60 RIVERSIDE COURT PITTSBURG, CA 94565 MARJORIE MOSS 60 RIVERSIDE COURT PITTSBURG, CA 94565

/s/ Kathy Tat KATHY P. TAT Legal Assistant

3