Life Insurance Company of North America v. Cleveland et al

Filing 12

ORDER granting extension to serve, continuing cmc to 8/7/09. re 11 (ts, COURT STAFF) (Filed on 5/6/2009)

Case 3:08-cv-05052-SI

Document 11

Filed 05/04/2009

Page 1 of 2

1 1 ADRIENNE C. PUBLICOVER (SBN 161432) 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 LIFE INSURANCE COMPANY OF NORTH AMERICA, 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28
1 FURTHER REQUEST FOR ADDITIONAL TIME WITHIN WHICH TO EFFECT SERVICE OF PROCESS AND FOR A CONTINUANCE OF THE CASE MANAGEMENT CONFERENCE USDC NDCA No. CV08-05052 SI
439328.1

DENNIS J. RHODES (SBN 168417) WILSON, ELSER, MOSKOWITZ, EDELMAN& DICKER LLP 525 Market Street, 17th Floor San Francisco, CA 94105 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff LIFE INSURANCE COMPANY OF NORTH AMERICA

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Plaintiff, v. KATHY CLEVELAND, ANTHONY PETRU AS TRUSTEE OF THE MICHAEL A. PETRU TRUST dated 11/20/02 and DOES 1 - 10, Defendants.

) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO.

CV08-05052 S I

FURTHER REQUEST FOR ADDITIONAL TIME WITHIN WHICH TO EFFECT SERVICE OF PROCESS AND FOR A CONTINUANCE OF THE CASE MANAGEMENT CONFERENCE

Plaintiff Life Insurance Company of North America ("LINA"), hereby requests additional time within which to serve the complaint and for a continuance of the case Management conference currently set for June 19, 2009, for good cause as follows: On January 23, 2009, and again on March 3, 2009, LINA requested a continuance of the case management conference and the time to serve the complaint, which the Court granted in view of the parties' efforts to settle the case in advance of further litigation. Settlement

discussions are ongoing and the claimants have agreed to go to private mediation. In view of this

Case 3:08-cv-05052-SI

Document 11

Filed 05/04/2009

Page 2 of 2

1 1 development, LINA asks that the Court extend the time for service of the complaint for an 2 2 additional 60 days and to continue the case management conference. The further extension will 3 3 facilitate settlement discussions, allow private mediation to occur and conserve litigation and 4 4 judicial resources. 5 5 Therefore, LINA requests that this Court extend the time to serve the complaint to July 6,

6 6 2009. LINA also requests a continuance of the case management conference to August 7, 2009 7 7 or the closest date thereafter as convenient for the Court. 8 8 RESPECTFULLY REQUESTED: 9 9 10 10 Date: May 4, 2009 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 Dated: 23 23 24 24 25 25 26 26 27 27 28 28
2 FURTHER REQUEST FOR ADDITIONAL TIME WITHIN WHICH TO EFFECT SERVICE OF PROCESS AND FOR A CONTINUANCE OF THE CASE MANAGEMENT CONFERENCE USDC NDCA No. CV08-05052 SI
439328.1

WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP By: /s/ Dennis J. Rhodes Adrienne C. Publicover Dennis J. Rhodes Attorneys for Plaintiff LIFE INSURANCE COMPANY OF NORTH AMERICA ORDER

PURSUANT TO THIS REQUEST AND FOR GOOD CAUSE APPEARING, IT IS HEREBY ORDERED T HAT: The time to serve the complaint is extended to July 6, 2009. The Case Management Conference is continued to August 7, 2009.

By: Honorable Susan Illston United States District Court Judge