Life Insurance Company of North America v. Cleveland et al

Filing 7

ORDER continuing cmc to 4/10/09. Signed by Judge Illston on 1/27/09. (ts, COURT STAFF) (Filed on 1/28/2009)

Case 3:08-cv-05052-SI

Document 6

Filed 01/23/2009

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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 13 13 LIFE INSURANCE COMPANY OF NORTH AMERICA, 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 Plaintiff Life Insurance Company of North America ("LINA"), hereby requests a v. KATHY CLEVELAND, ANTHONY PETRU AS TRUSTEE OF THE MICHAEL A. PETRU TRUST dated 11/20/02 and DOES 1 - 10, Defendants. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. CV08-05052 S I UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION 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

REQUEST FOR 60 DAY CONTINUANCE OF CASE MANAGEMENT CONFERENCE

22 22 continuance of the case management conference currently set for February 13, 2009 for good 23 23 cause as follows: 24 24 LINA filed its complaint in interpleader on November 5, 2008. Since filing the

25 25 complaint, LINA has learned that there are additional funds which need to be interpled and 26 26 deposited with the Court. LINA has determined that it will be necessary to amend the complaint 27 27 28 28
1 REQUEST FOR 60 DAY CONTINUANCE OF CASE MANAGEMENT CONFERENCE USDC NDCA No. CV08-05052 SI
415146.1

Case 3:08-cv-05052-SI

Document 6

Filed 01/23/2009

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1 1 to encompass the additional funds. However, LINA has not yet received those funds and has not 2 2 been able to deposit them with the Court. For that reason, LINA has not served the defendants 3 3 with the original complaint. 4 4 LINA anticipates receipt of the funds by the end of February 2009, and will amend the

5 5 complaint accordingly and serve the defendants. Both defendants in this action are aware that 6 6 LINA is awaiting receipt of the funds, that LINA intends to amended complaint thereafter and 7 7 that LINA intends to serve the defendants immediately after filing the amended complaint. 8 8 For these reasons, LINA requests that this Court continue the case management

9 9 conference to April 13, 2009 or the closest date thereafter as convenient for the Court. 10 10 RESPECTFULLY REQUESTED: 11 11 12 12 Date: January 23, 2009 13 13 14 14 15 15 16 16 17 17 18 18 19 19 ORDER PURSUANT TO THIS REQUEST AND FOR GOOD CAUSE APPEARING, IT IS By: /s/ Dennis J. Rhodes Adrienne C. Publicover Dennis J. Rhodes Attorneys for Plaintiff LIFE INSURANCE COMPANY OF NORTH AMERICA WILSON, ELSER, MOSKOWITZ, EDELMAN & DICKER LLP

20 2 0 HEREBY ORDERED T HAT: 21 21 The Case Management Conference currently set for February 13, 2009, is continued to

22 22 April 13, 2009. April 10, 2009 23 23 24 24 Dated: 25 25 26 26 27 27 28 28
2 REQUEST FOR 60 DAY CONTINUANCE OF CASE MANAGEMENT CONFERENCE USDC NDCA No. CV08-05052 SI
415146.1

By: Honorable Susan Illston United States District Court Judge