Northern California Watch v. West Coast Metals, Inc. et al

Filing 11

ORDER DENYING CONTINUANCE AND EXCUSING DEFENDANTS FROM ATTENDING CONFERENCE. Good cause appearing, defendants Richard L. Bradley and West Coast Scrap Producers, Inc., having not yet returned waivers of service, are excused from attending the July 17, 2009 Case Management Conference. All other parties are ordered to attend the July 17, 2009 Case Management Conference. Signed by Judge Maxine M. Chesney on July 15, 2009. (mmclc1, COURT STAFF) (Filed on 7/15/2009)

1 Arthur D. Levy (SBN 95659) Three Embarcadero Center, Suite 1650 2 San Francisco, CA 94111 Telephone: [phone] Email: [e-mail] 4 Attorney for Defendants RICHARD L. BRADLEY and 5 WEST COAST SCRAP PRODUCERS, INC. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 do so. 5. In reviewing the ECF docket in this case, I noticed that the Court has set a Case UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA NORTHERN CALIFORNIA WATCH, a ) non-profit Corporation, ) ) Plaintiffs, ) ) v. ) ) WEST COAST METALS, INC., ) RICHARD L. BRADLEY, WEST ) COAST SCRAP PRODUCERS, INC., ) OPTICAL COATING LABORATORY, ) INC., DOES 1 THROUGH 10 Inclusive, ) ) Defendants. ) ) I, Arthur D. Levy, declare: 1. 2. This action was filed on June 11, 2009. I have been retained to represent defendants Richard L. Bradley and West Coast Case No.: C-09-2601 MMC APPLICATION FOR ADMINISTRATIVE RELIEF TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER DENYING CONTINUANCE AND EXCUSING DEFENDANTS CMC Date: July 17, 2009 FROM ATTENDING Time: 10:30 a.m. CONFERENCE Courtroom 7 Judge: Hon. Maxine M. Chesney

Scrap Producers, Inc. in this case. 3. On July 9, 2009, I first received the Waiver of Summons and the Complaint from

plaintiff's counsel. 4. I have not yet signed and returned the Waiver of Summons, although I intend to

Management Conference for next Friday, July 17, 2009.
Case No.: C-09-2601 MMC ­ APPLICATION FOR ADMINISTRATIVE RELIEF TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER

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6.

I will be away on a long-planned vacation in the Trinity wilderness throughout the

entire week of July 13 and will be unavailable to attend the conference on July 17. 7. To my knowledge, no defendant has been served in this case. Defendants Bradley

and West Coast Scrap have not been served with process, other than per the Waiver of Summons form mentioned above. 8. Good cause exists for continuing the conference based on absence of service and

appearances by defendants and my unavailability for the scheduled date. 9. On July 10, I telephoned plaintiff's counsel in order to request a stipulation to

continue the conference. He was unavailable today. Since this is my last day in the office until July 20, I am not available next week to resolve any stipulations with plaintiff's counsel. 10. I therefore ask that the Court reset the July 17 conference on a date sufficiently in

the future to allow all defendants to provide service waivers or be served, to retain counsel and appear, and for all counsel to confer in advance of the conference. I declare under penalty of perjury that the foregoing is true and correct. Executed this 10th day of July 2009. /s/ Arthur D. Levy _________________________ Arthur D. Levy

ORDER defendants Richard L. Bradley and West Coast Scrap Producers, Inc., Good cause appearing, the Case Management Conference scheduled in this case for July 17, 2009 is hereby reset to 10:30 a.m. on _____________________, 2009 having not yet returned waivers of service, are hereby EXCUSED from attending the July 17, 2009 Case Management Conference. All other parties are ORDERED to attend the July 17, 2009 Conference. 15 DATED: July __, 2009 _______________________ United States District Judge

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Case No.: C-09-2601 MMC ­ APPLICATION FOR ADMINISTRATIVE RELIEF TO CONTINUE CASE MANAGEMENT CONFERENCE; PROPOSED ORDER

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