Thompson et al v. Oandason et al

Filing 9

ORDER CONTINUING CASE MANAGEMENT CONFERENCE re 8 Second Ex Parte Application filed by Heath Thompson. Signed by Judge James Larson on 10/7/08. (jlsec, COURT STAFF) (Filed on 10/7/2008)

Case 3:08-cv-02274-JL

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Michael S. Biggs (SBN. 237640) BIGGS LAW PC PO Box 454 Petaluma, CA 94953-0454 Telephone: [phone] Facsimile: [phone] Attorney for Heath Thompson, Miranda Thompson

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

HEATH THOMPSON,

Case No.:

C 08 02274 JL

Plaintiffs, v. ROBERT OANDASON, Defendants.

PLAINTIF EX-PARTE APPLICATION AND SUPPORTING DECLARATION OF MICHAEL S. BIGGS TO MODIFY ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE AND ADR DEADLINES Date: Ex-Parte Time: Ex-Parte Judge: LARSON /

I, Michael S. Biggs, declare as follows: 1. I am an attorney duly licensed to practice law in all courts of the State of California and

before the United States District Court for the Northern District of California and I am the attorney of record for plaintiffs HEATH THOMPSON and MIRANDA THOMPSON. 2. Plaintiff hereby moves the Court to grant an Ex Parte Motion to to modify

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order setting initial case management conference and ADR deadlines.
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3.

Defendant Robert Oandason has filed an answer on September 30, 2008 and again on

October 3, 2008, in this matter.
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4. 5.

Defendant Michael Flores has failed to file an answer. Previously the Court was requested to modify the scheduling order as Defendant

Oandason had expressed through attorney Myles Dresslove tthat he was interested in settlement talks prior

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to incurring expense on answer. 6. Subsequently Oandason retained attorney Tadd Aiona who asked for an accounting

estimate on Plaintiffs alleged damages. 7. On August 12, 2008 Plaintiff executed a retainer with Robbye L. Mohn CPA CFE with

the San Francisco firm RGL Forensic Accountants & Consultants, the purpose of which to fix
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damages and also serve as Plaintiffs Rule 26 expert. 8. 9. As of the first week of October Ms. Mohn is working toward completion on her estimate. In the meantime Mr. Aiona attorney for Oandason has been in contact with me several

times August through September where counsel and I in good faith have attempted to drive a settlement forward using general damage figures as we have waited for Ms. Mohn to complete

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her project. 10. 11. As Mr. Flores has defaulted Plaintiff will file to enter Flores default. In light of these circumstances involving Plaintiff and Defendant Oandason s

good faith settlement attempts the Court is respectfully requested to once again modify the scheduling order in light of impending CMC and just recently filed answer by Oandason.
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12.

Plaintiffs will not be prejudiced by such an extension and Plaintiffs damages will take

shape once the expert Ms. Mohn s report is complete. 13. It is not anticipated Defendant will object to this Ex-Parte request as counsel has had

recent telephone meet and confer and Mr. Aiona expressed that his client would not be prejudiced and is eager to go forward with the Courts ADR program of which Plaintiff is in

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agreement.

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. This declaration was on the 7th day of October, 2008, executed in Petaluma, California.

Dated: October 7, 2008
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Respectfully Submitted
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/S/ Michael S. Biggs Michael S. Biggs HEATH THOMPSON MIRANDA THOMPSON

________________________________________________________________________ ORDER The SCHEDULING ORDER as to SETTING INITIAL CASE MANANGEMENT

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CONFERENCE AND ADR DEADLINES shall be revised to put over meet and confer and
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xxx after _______2008. initial disclosure requirements .until xxxxxxxxxxxxxx Initial Case Management Conference to 29, be held October ____________ 2008 at 10:30 a.m. IT IS SO ORDERED.
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7 Dated: October ___ 2008

___________________________________________

Judge of the United States District Court Northern District of California

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