Bay Area Herbs & Specialties, LLC v. The Produce Company et al

Filing 10

ORDER re 9 Case Management Statement filed by Bay Area Herbs & Specialties, LLC. Initial Case Management Conference set for 7/27/2009 04:00 PM. Signed by Judge Bernard Zimmerman on 5/26/2009. (bzlc1, COURT STAFF) (Filed on 5/26/2009)

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Marion I. Quesenbery, Cal. SBN 072308 RYNN & JANOWSKY, LLP P.O. Box 20799 Oakland, CA 94620 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff Bay Area Herbs & Specialties, LLC UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA BAY AREA HERBS & SPECIALTIES, LLC, CASE NO. C 08-05466 BZ Plaintiff, v. THE PRODUCE COMPANY dba WESTSIDE PRODUCE; CHARLES O'NEIL; SUSIE O'NEIL; and ELAINE O'NEIL, Defendants. Plaintiff Bay Area Herbs & Specialties, LLC respectfully requests that the Case Management Conference and the associated dates be continued for an additional 30-60 days. Defendants have been served and have not responded to the Complaint and Summons. The proofs of service and request for default were just filed. Plaintiff has not yet filed a Motion for Default Judgment, although it will do so within two weeks. The papers have been drafted; however, they are not yet complete. Plaintiff's attorney had intended to file these papers well before now; however, her brother became very ill and passed away on April 26. Consequently, she got behind, but she is catching up and will file the motion for default judgment shortly.

CASE MANAGEMENT CONFERENCE STATEMENT & REQUEST TO CONTINUE CMC ; ORDER
THEREON

CMC Date: June 1, 2009 CMC Time: 4:00 p.m. CMC Place: Ctrm. G, 15th Floor San Francisco

CMC Statement & Request to Continue CMC ­ Case No. C 08-05466 BZ ­ Page 1

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In sum, Plaintiff respectfully requests that the Case Management Conference be continued for 30-60 days. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Date: May 25, 2009 RYNN & JANOWSKY, LLP

By:

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26 Date: May ___, 2009

/s/ Marion I. Quesenbery MARION I. QUESENBERY Attorneys for Plaintiff

IT IS SO ORDERED. The Case Management Conference is continued to JULY 27, 4:00 ___________________2009, at __________ p.m., in Courtroom G, 15th Floor, San Francisco.
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CMC Statement & Request to Continue CMC ­ Case No. C 08-05466 BZ ­ Page 2

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