Aureflam Corporation v. Nguyen et al

Filing 20

ORDER CONTINUING CASE MANAGEMENT CONFERENCE. CASE MANAGEMENT CONFERENCE CONTINUED TO MARCH 16, 2009 AT 4:00 P.M.. Signed by Magistrate Judge Bernard Zimmerman on 1/9/2009. (bzsec, COURT STAFF) (Filed on 1/9/2009)

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1 2 3 4 5 6 7 8 9 10 11 12 13 John C. Gorman, #91515 Charles J. Stiegler, #245973 GORMAN & MILLER, P.C. 210 North Fourth Street, Suite 200 San Jose, CA 95112 (408) 297-2222 (phone) (408) 297-2224 (fax) Attorneys for Plaintiff AUREFLAM CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA AUREFLAM CORPORATION, a California corporation; Plaintiff, Case No. C 08 01910 BZ PLAINTIFF'S CASE MANAGEMENT CONFERENCE STATEMENT Date: January 12, 2009 Time: 4:00 p.m. Place: Courtroom G, 15th Floor Hon. Bernard Zimmerman 14 v. 15 16 17 18 19 20 21 Defendants. 22 23 24 Plaintiff Aureflam Corporation ("Aureflam") hereby submits the TUYEN HUY NGUYEN, individually and doing business as PHO HOA HUNG and PHO HOA HUNG II; TU TIEN NGUYEN, individually and doing business as PHO HOA HUNG and PHO HOA HUNG II; LONG CUU VU, individually and doing business as PHO HOA HUNG II and DOES 1 through 10, inclusive; 25 following request to continue the Case Management Conference 26 scheduled for January 12, 2009. 27 Plaintiff apologizes for the untimely submission of this Plaintiff's lead counsel, John Gorman, has had a series 1 Plaintiff's CMC Statement, Case No. C 08 01910 BZ 28 statement. 1 of medical problems over the past several months and has been out of 2 the office for the past approximately three weeks recovering from 3 two surgeries that took place at the Mayo Clinic in Rochester, 4 Minnesota on December 26, 2008 and December 30, 2008. 5 proved more complicated than originally expected. The surgeries Mr. Gorman is not 6 expected to be recovered and available to resume full-time work 7 until mid-February 2009. 8 None of the defendants have made an appearance and they are not 9 expected to appear at the CMC. 10 Defendant Tu Tien Nguyen's default was entered on October 16, Plaintiff has reached a tentative settlement with two other Plaintiffs' counsel 11 2008. 12 defendants, Long Cuu Vu and Tuyen Huy Nguyen. 13 plans to prepare a draft settlement agreement and stipulated 14 permanent injunction. If the defendants do not execute the 15 settlement agreement, plaintiffs will seek their default as well. 16 Aureflam proposes that the case management conference should be 17 continued approximately two months to allow time for execution of 18 the proposed settlement agreement, or, alternatively, for plaintiff 19 to seek entry of a default judgment. 20 UNIT ED S 21 22 23 24 S DISTRICT TE C TA R NIA IT IS DERE SO OR D 25 26 27 28 ER N F D IS T IC T O R A C LI FO m Zimmer Bernard Judge RT U O an GORMAN & MILLER, P.C. By: /s/ CHARLES J. STIEGLER Attorneys for Plaintiff Aureflam Corporation 1/9/2009 - Case Management Conference is CONTINUED to March 16, 2009 at 4:00 p.m. Plaintiff's CMC Statement, Case No. C 08 01910 BZ NO RT H 2

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