The Chuck Olsen Co. Inc. v. Mendocino Gold Gifts LLC et al

Filing 9

ORDER GRANTING REQUEST TO CONTINUE CMC re 7 Case Management Statement filed by The Chuck Olsen Co. Inc.. Signed by Judge Maria-Elena James on 11/3/2008. (mejlc1, COURT STAFF) (Filed on 11/3/2008)

Case 3:08-cv-03039-MEJ

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Filed 11/02/2008

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Marion I. Quesenbery, Cal. SBN 072308 Elise C. O'Brien, Cal. SBN 245967 RYNN & JANOWSKY, LLP P.O. Box 20799 Oakland, CA 94620 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] E-mail: [e-mail] Attorneys for Plaintiff The Chuck Olsen Co., Inc. UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA THE CHUCK OLSEN CO., INC., Plaintiff, v. MENDOCINO GOLD GIFTS LLC, et al., Defendants. CASE NO. C08-03039 MEJ CASE MANAGEMENT CONFERENCE STATEMENT ­ REQUEST TO CONTINUE CMC Date: November 6, 2008 CMC Time: 10:00 a.m. CMC Place: Ctrm. B, 15th Floor San Francisco

Plaintiff The Chuck Olsen Co., Inc. ("Olsen" or "Plaintiff") respectfully requests that the Case Management Conference and the associated dates be continued for an additional 30 to 45 days. The Court previously granted a similar request, continuing the Case Management

Conference from September 25, 2008 to November 6, 2008. Unfortunately, the Proof of Service, Request for Entry of Default, and Motion for Entry of Default Judgment has not been filed, as anticipated. Plaintiff intends to do so, within the next week, and requests a continuance to allow it to file the necessary documents. All Defendants have been served with the Complaint and Summons in this action, and although Plaintiff has discussed the Complaint and possible settlement with Defendants'

CMC Statement/Request to Continue, Case No. C 08-03039 MEJ ­ Page 1

Case 3:08-cv-03039-MEJ

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representative, Defendants have not responded to the Complaint and no settlement appears to be likely. Consequently, Plaintiff respectfully requests that the Case Management Conference for 30-45 days to allow Plaintiff to file a motion for default judgment. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: November 2, 2008 RYNN & JANOWSKY, LLP

8 9 By: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 IT IS SO ORDERED. The Case Management Conference is continued to 10:00 December 18 ___________________2008, at __________ a.m., in Courtroom B, 15th Floor, San Francisco. Plaintiff shall not file a default judgment motion unless the Clerk of Court grants a request for entry of default. 3 Date: November __, 2008 ____________________________________ U.S. MAGISTRATE JUDGE /s/ Marion I. Quesenbery MARION I. QUESENBERY Attorneys for Plaintiff The Chuck Olsen Co., Inc.

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