American President Lines, Ltd. et al v. CBI Industries, Inc

Filing 7

ORDER RE: ROBERT FRANCIS'S LETTER DATED DECEMBER 23, 2008; EXTENDING DEADLINE FOR RESPONDENT TO FILE RESPONSE TO PETITION; CONTINUING CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES. The deadline for respondent to file a response to the P etition for Order Confirming Arbitration is extended to January 30, 2009. The Case Management Conference is continued from February 13, 2009 to March 13, 2009; the other deadlines set forth in the Order Setting Initial Case Management Conference and ADR Deadlines are continued accordingly. Signed by Judge Maxine M. Chesney on January 13, 2009. (mmclc1, COURT STAFF) (Filed on 1/13/2009) (Additional attachment(s) added on 1/14/2009: # 1 Certificate of Service) (fj, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Because petitioners have served Francis, it would appear Francis is an agent for respondent.
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

AMERICAN PRESIDENT LINES, LTD., et al., Petitioners, v. CBI INDUSTRIES, INC., Respondent /

No. C-08-5110 MMC ORDER RE: ROBERT FRANCIS'S LETTER DATED DECEMBER 23, 2008; EXTENDING DEADLINE FOR RESPONDENT TO FILE RESPONSE TO PETITION; CONTINUING CASE MANAGEMENT CONFERENCE AND CORRESPONDING DEADLINES

Before the Court is a letter, written by Robert Francis ("Francis"), dated December 23, 2008 and filed by the Clerk of the Court on December 30, 2008. In his letter, Francis states that "the papers were served" on his home in Miami, Florida on December 5, 2008, that he learned of such serve on December 11, 2008, and that he has been unsuccessful in locating California counsel; Francis requests a "continuance in this case" in order to afford respondent time to located California counsel. The only respondent herein is a corporation.1 "A corporation may appear in federal court only through licensed counsel." See United States v. High Country Broadcasting Co., 3 F.3d 1244, 1245 (9th Cir. 1993) (affirming entry of default, where corporation failed to appear by counsel). Consequently, the Court will afford respondent a short continuance in

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order to locate counsel, and, accordingly, extends the following deadlines and dates: 1. The deadline for respondent to file a response to the Petition for Order Confirming Arbitration is hereby EXTENDED to January 30, 2009. If, as of said date, respondent has not, through counsel, filed a response, petitioners may move for entry of default. See id. 2. The Case Management Conference is hereby CONTINUED from February 13, 2009 to March 13, 2009; the other deadlines set forth in the Order Setting Initial Case Management Conference and ADR Deadlines are hereby CONTINUED accordingly. Any request for a further continuance must be supported by a specific showing of good cause. See Fed. R. Civ. P. 6(b)(1), 16(e)(4). IT IS SO ORDERED.

Dated: January 13, 2009

MAXINE M. CHESNEY United States District Judge

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