Northern California River Watch v. Bay Area Diablo Petroleum Company

Filing 26

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 11/3/2008. (bzsec, COURT STAFF) (Filed on 11/3/2008)

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J a c k Silver, Esq. SBN #160575 L a w Office of Jack Silver P o s t Office Box 5469 S a n ta Rosa, CA 95402-5469 T e l. [phone] F a x . (7 0 7 ) 528-8675 lh m 2 8 8 4 3 @ s b c g lo b a l.n e t A tto rn e ys for Plaintiff N O R T H E R N CALIFORNIA RIVER WATCH

UNITED STATES DISTRICT COURT 8 N O R T H E R N DISTRICT OF CALIFORNIA 9 10 11 12 v. 13 14 15 16 17 18 D e f e n d a n t BAY AREA DIABLO PETROLEUM COMPANY dba GOLDEN GATE 19 P E T R O L E U M COMPANY has made no appearance in this matter to date. Plaintiff therefore 20 s u b m its this separate further Case Management Statement and Proposed Order. 21 I. STATUS OF THE PLEADINGS 22 A Clerk's entry of Default against Defendant issued on July 25, 2008 (Court Doc. #12). 23 24 w ith the Court's Order of August 19, 2008 continuing the Case Management Conference to 25 N o v e m b e r 10, 2008 were served by mail on Defendant by the Clerk's Office on August 19, 2008. 26 S in c e that time, Defendant has not communicated with Plaintiff or Plaintiff's counsel in any 27 m a n n e r whatsoever; and, Defendant has not made an appearance. 28
C 0 8 -0 1 6 1 3 BZ P L A I N T I F F 'S FURTHER CASE MANAGEMENT STATEMENT [PROPOSED] ORDER 1

N O R T H E R N CALIFORNIA RIVER W A T C H , a non-profit corporation, P la in tif f , BAY AREA DIABLO PETROLEUM C O M P A N Y dba GOLDEN GATE PETROLEUM COMPANY and DOES 1-10, Inclusive, D e f e n d a n ts /

C A S E NO. C08-01613 BZ P L A IN T I F F 'S SEPARATE CASE MANAGEMENT STATEMENT AND [PROPOSED] ORDER D a te : T im e : C trm : Judge: N o v e m b e r 10, 2008 4 :0 0 p.m. G , 15 th Floor H o n . Bernard Zimmerman

P la in tif f filed a Separate Case Management Statement on August 18 th . That document, together

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I I . FACTS T h e allegations of the Complaint, factual and legal issues in dispute and relief sought by

3 P la in tif f in this matter remain unchanged since the filing of the Initial Case Management 4 S tatem en t (Court Doc. # 9). 5 6 I I I . SCHEDULING O n October 24, 2008 Plaintiff filed an Application for Default Judgment against

7 D ef en d an t together with a Motion for Fees and Costs associated with said Application, which are 8 s c h e d u le d for hearing before this Court on Wednesday, December 17, 2008 at 10:00 a.m. 9 Plaintiff therefore requests this Court re-set the further Case Management Conference

10 p re se n tly scheduled for November 10, 2008 to a date after the Court has heard and ruled on 11 P la in t if f ' s Application for Default Judgment and associated Motion for Fees and Costs. 12 13 D A T E D : November 3, 2008 14 15 16 [P R O P O S E D ] ORDER 17 G O O D CAUSE APPEARING, it is hereby ORDERED that this matter be continued to 18 19 It is further ordered as follows: 20 21 22 23 24 25 26 27 28
C 0 8 -0 1 6 1 3 BZ P L A I N T I F F 'S FURTHER CASE MANAGEMENT STATEMENT [PROPOSED] ORDER 2

/s/ Jack Silver JACK SILVER A tto rn e y for Plaintiff N O R T H E R N CALIFORNIA RIVER WATCH

January 5, 2009 at 4:00pmfor further Case Management Conference.

DATED: November 3, 2008 HON. BERNARD ZIMMERMAN U .S . DISTRICT COURT JUDGE