Boutte v. Bahr et al

Filing 41

ORDER GRANTING REQUEST FOR TELEPHONIC APPEARANCE.. Signed by Magistrate Judge Bernard Zimmerman on 6/30/2009. (bzsec, COURT STAFF) (Filed on 6/30/2009)

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Case3:08-cv-02641-BZ Document40 Filed06/29/09 Page1 of 5 1 2 3 4 5 6 7 8 9 10 11 35 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 RANDALL P. MROCZYNSKI (SBN 156784) COOKSEY, TOOLEN, GAGE, DUFFY & WOOG A PROFESSIONAL CORPORATION 535 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 Telephone: (714) 431-1083 Facsimile: (714) 431-1119 E-mail: sernest@cookseylaw.com Attorneys for Defendant Chrysler Financial Services Americas LLC, formerly known as DaimlerChrysler Financial Services Americas LLC, dba Chrysler Financial UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA JOHN BOUTTE, Pro Se, Plaintiff, v. BYRON J. BAHR, CHRYSLER FINANCIAL, AND JANE AND JOHN DOES 1-50, Defendants. Case No.: C 08-02641-BZ Case assigned to Hon. Bernard Zimmerman 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 REQUEST FOR TELEPHONIC APPEARANCE Date: Time: Dept.: 1 July 2009 10:00 a.m. G Complaint filed: May 27, 2008 5 I, RANDALL P. MROCZYNSKI, declare: 1. I am an attorney at law duly licensed to practice before all courts of the State of California and am an associate with the law firm of Cooksey, Toolen, Gage, Duffy & Woog, attorneys for Defendants, BYRON J. BAHR and CHRYSLER FINANCIAL SERVICES AMERICAS LLC, formerly AMERICAS known LLC, as dba DAIMLERCHRYSLER FINANCIAL SERVICES CHRYSLER FINANCIAL, in the above-entitled action. I have personal knowledge of the information contained herein and if called upon to testify, I could and would competently testify thereto. 2. In my view personal appearance (rather than telephonic) would provide REQUEST FOR TELEPHONIC APPEARANCE; CASE NO. C 08-02641-BZ 1 151.0148 474260.1 Case3:08-cv-02641-BZ Document40 Filed06/29/09 Page2 of 5 1 2 3 4 5 6 7 8 9 10 11 35 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 no material assistance in the determination of whether this litigation should be dismissed or management or resolution of this case. 4. Defendant's counsel's offices are in Southern California and personal appearance will require travel which will utilize an entire day. Based on review of this file, it would seem this hearing is largely necessitated by Plaintiff's failure to oppose Defendant's motion to dismiss. It seems unlikely Plaintiff will appear at this hearing. 5. An appearance by telephone will reduce traffic congestion, reduce depletion of non-renewable energy resources and provide savings in otherwise unnecessary litigation costs to Plaintiff by removing travel time from its invoices. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 29 June 2009, at Costa Mesa, California. /S/ RANDALL P. MROCZYNSKI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 151.0148 474260.1 REQUEST FOR TELEPHONIC APPEARANCE; CASE NO. C 08-02641-BZ 2 Case3:08-cv-02641-BZ Document40 Filed06/29/09 Page3 of 5 1 2 3 4 5 6 7 8 9 10 11 35 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 ORDER IT IS HEREBY ORDERED counsel for Defendants, BYRON J. BAHR and CHRYSLER FINANCIAL SERVICES AMERICAS LLC, formerly known as DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS LLC, dba CHRYSLER FINANCIAL's Request for Telephonic Appearance regarding their Motion to Dismiss is granted. DATED: June 30, 2009 By: Judge of the Superior Court Magistrate Judge Bernard Zimmerman 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is not Superior Court. The Court does not ordinarily permit a party to argue a motion by telephone. However, in view of the doubts about whether Mr. Boutte will appear, the Court will make an exception. 5 151.0148 474260.1 REQUEST FOR TELEPHONIC APPEARANCE; CASE NO. C 08-02641-BZ 3 Case3:08-cv-02641-BZ Document40 Filed06/29/09 Page4 of 5 1 2 3 4 5 6 7 8 9 10 11 35 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 PROOF OF SERVICE C.C.P. 1013(a), C.R.C. 2003(3), 2005(i) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the County of Orange, State of California. I am over the age of 18 years and am not a party to the within action; my business address is 535 Anton Boulevard, Tenth Floor, Costa Mesa, California 92626-1977. On June 29, 2009, I served the foregoing document described as REQUEST FOR TELEPHONIC APPEARANCE on the interested parties in this action. by placing the original and/or a true copy thereof enclosed in (a) sealed envelope(s), addressed as follows: SEE ATTACHED SERVICE LIST BY REGULAR MAIL: I deposited such envelope in the mail at 535 Anton Boulevard, Costa Mesa, California 92626. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on that same day in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. BY FACSIMILE MACHINE: I transmitted a true copy of said document(s) by facsimile machine, and no error was reported. Said fax transmission(s) were directed as indicated on the service list. BY ELECTRONIC MAIL TRANSMISSION (With Attachment). On this date, by causing transmission of the above-mentioned documents(s) by electronic mail transmission with attachment to the parties at the electronic mail transmission number forth below. BY OVERNIGHT MAIL: By depositing copies of the above document(s) in a box or other facility regularly maintained by UPS, in an envelope or package designed by UPS with delivery fees paid or provided for and sent to the person(s) named on the attached service list [C.C.P.1013, 2015.5]. BY PERSONAL SERVICE: I caused such envelope(s) to be delivered by hand to the above addressee(s). (State) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Federal) I declare that I am employed in the office of a member of the Bar of this Court, at whose direction the service was made. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June 29, 2009, at Costa Mesa, California. /s/ Doris Hammarsten Doris Hammarsten 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 151.0148 474260.1 REQUEST FOR TELEPHONIC APPEARANCE; CASE NO. C 08-02641-BZ 4 Case3:08-cv-02641-BZ Document40 Filed06/29/09 Page5 of 5 1 2 3 4 5 6 7 8 9 10 11 35 Anton Boulevard, Tenth Floor Costa Mesa, California 92626-1977 SERVICE LIST Counsel of Record John Boutte 225 Berry Street, #303 San Francisco, CA 94107 Phone/Fax Nos. Tel: 415-896-9205 Party Plaintiff Pro Se 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 151.0148 474260.1 5 REQUEST FOR TELEPHONIC APPEARANCE; CASE NO. C 08-02641-BZ 5

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