The Chuck Olsen Co., Inc. v. Ripple Riley Thomas, LLC et al

Filing 10

ORDER GRANTING REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Bernard Zimmerman on 11/24/2008. (bzsec, COURT STAFF) (Filed on 11/25/2008)

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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. RIPPLE RILEY THOMAS, LLC; HELEN RIPPLE; KATHLEEN RILEY; and ANNE THOMAS, Defendants. 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 45 to 60 days based on the following: 1. All Defendants have been served with the Complaint and Summons in this action, CASE NO. C08-03040 BZ CASE MANAGEMENT CONFERENCE STATEMENT ­ REQUEST TO CONTINUE CMC Date: December 1, 2008 CMC Time: 4:00 p.m. CMC Place: Ctrm. G, 15th Floor San Francisco

Plaintiff has filed the Proof of Service, and a Request for Entry of Default by Clerk has been filed. 2. Plaintiff has been discussing a resolution of this action with Defendants'

representative, and Defendants have paid all outstanding invoices owed to Plaintiff;

CMC Statement & Request to Continue ­ Case No. C08-03040 BZ ­ Page 1

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however, they have not yet paid the interest and attorneys' fees owed to Plaintiff, which Plaintiff alleges is due under its PACA trust claim and its contract claim. Plaintiff and Defendants' representative are attempting to resolve this issue and expect to do so shortly. Consequently, Plaintiff has not yet filed a Motion for Default Judgment. 3. Based on these on-going discussions, Plaintiff respectfully requests a continuance

of the Case Management Conference for 45 to 60 days to allow Plaintiff to either dismiss this action (based on a settlement between the parties) or 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 24, 2008 RYNN & JANOWSKY, LLP

By:

/s/ Marion I. Quesenbery MARION I. QUESENBERY Attorneys for Plaintiff The Chuck Olsen Co., Inc.

IT IS SO ORDERED. The Case Management Conference is continued to 16 17 Francisco. Plaintiff shall serve this Order on all defendants forthwith. 18 19 20 21 22 23 24 24 Date: November __, 2008 ____________________________________ U.S. MAGISTRATE JUDGE January 26 4:00 ___________________2009, at __________ p.m., in Courtroom G, 15th Floor, San

CMC Statement & Request to Continue ­ Case No. C08-03040 BZ ­ Page 2