Blam v. Schering-Plough Corporation

Filing 28

ORDER GRANTING PLAINTIFF'S REQUEST TO RESCHEDULE CASE MANAGEMENT CONFERENCE. The Case Management Conference is continued from December 5, 2008 to February 27, 2009. A Joint Case Management Statement shall be filed no later than February 20, 2009. Signed by Judge Maxine M. Chesney on November 20, 2008. (mmclc1, COURT STAFF) (Filed on 11/20/2008)

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STEVE CONDIE (SBN 60855) Email: [e-mail] 11 Embarcadero West, Suite 140 Oakland, California 94607 Telephone: Facsimile: [phone] [phone]

Attorn ey for Plaintiff, Shelley Blam

UNI TED STATES DISTRICT COURT NORTHE RN DISTRICT OF CALIFORNIA

S H E L L EY BLAM, 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

) ) Plaintiff, ) ) vs. ) ) ) ) SC H E RI NG-PL OUGH CORPORATION, ) DOES 1 TO 10, ) ) Defendants. ) ______________________________________ /

C a se No. C- 08-03944 MMC ORDER GRANTING REQUEST TO RESCHEDULE CASE MANAGEMENT CONFERENCE Date: Time: Place: December 5, 2008 10:30 a.m. Courtroom 7

Hon. Maxine M. Chesney

Plaintiff Shelley Blam hereby requests that the Case Management Conference, currently scheduled for December 5, 2008, be rescheduled to a new date approximately 90 days hence. This request is made because the original defendant in this case has been dismissed, and the new defendant named in the amended complaint filed October 31, 2008 has not yet appeared. Although opposing counsel has indicated to me that the request for waiver of service will be accepted by the current named defendant, he is understandably reluctant to take official actions on behalf of his client until a formal appearance has been made. Thus, until the current defendant appears in the action (which could be as late as January 6, 2009 under the provisions of Fed. R. Civ. P. 4 (d) (3)) I cannot

R E Q U E S T TO RESCHEDULE CASE MANAGEMENT CONFERENCE

No.: C 08-03944

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meet and confer with opposing counsel to prepare and file a joint case management conference statement. Therefore I believe that it would be appropriate to reschedule the Case Management Conference to a date after the new defendant has appeared in the action. I have discussed this matter with Mr. Valim, who was counsel for the previous defendant and whom I expect will be the counsel for the new defendant, and he is in agreement with this request, although he does not believe it would be appropriate for him to enter into a stipulation at this point, as no party represented by him is curren tly before the court.

November 19, 2008

/s/
Stev e Condie A t t o r n e y for Plaintiff S h e l l e y Blam

ORDER
IT IS SO ORDERED. Specifically, the Case Management Conference is hereby CONTINUED from December 5, 2008 to February 27, 2009. A Joint Case Management Statement shall be filed no later than February 20, 2009.

Dated: November 20, 2008

____________________________ United States District Judge

R E Q U E S T TO RESCHEDULE CASE MANAGEMENT CONFERENCE

No.: C 08-03944

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