Sirbu v. Nationwide Credit, Inc.

Filing 23

STIPULATION AND ORDER: Further Case Management Conference continued to 6/7/2010 03:00 PM in Courtroom 15, 18th Floor, San Francisco; Signed by Judge Marilyn Hall Patel on 4/23/2010. (awb, COURT STAFF) (Filed on 4/23/2010)

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ERIC D. HOUSER (SBN 130079) SARA L. MARKERT (SBN 251277) HOUSER & ALLISON A Professional Corporation 9970 Research Drive Irvine, CA 92618 Telephone: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Defendant, NATIONWIDE CREDIT, INC. NICHOLAS J. BONTRAGER KROHN & MOSS, LTD 10474 Santa Monica Blvd. Suite 401 Los Angeles, CA 90025 [phone] x229 [phone] (fax) Email: [e-mail] Attorneys for Plaintiff, MICHAEL SIRBU UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION MICHAEL SIRBU, Plaintiff, vs. NATIONWIDE CREDIT, INC., JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE TO JUNE 7, 2010; DECLARATIONS OF SARA L. MARKERT AND NICHOLAS BONTRAGER IN SUPPORT HEREOF; [PROPOSED] ORDER Complaint Filed: August 7, 2009 Trial date: None scheduled Case No.: CV-09-03633 MHP-EDL Hon. Marilyn H. Patel

Defendant.

JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE 1

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WHEREAS, a further case management conference is scheduled to be held in this matter on May 17, 2010 at 3:00 p.m. in the above-captioned Court; and WHEREAS, counsel for both Plaintiff and Defendant have another matter on calendar in the Central District of California at 1:30 p.m. on May 17, 2010; and WHEREAS, counsel for Plaintiff has a trial scheduled to begin on May 24, 2010; and WHEREAS, the parties desire to continue the further case management conference to a date when both counsel are available to attend; IT IS HEREBY STIPULATED, as follows: The further case management conference will be continued to Monday, June 7, 2010, at 3:00 p.m. in courtroom 15, 18th Floor, of the above-captioned courthouse. IT IS HEREBY AGREED: Dated: April 21, 2010 HOUSER & ALLISON, APC By: /s/Sara L. Markert Sara L. Markert Attorney for Defendant, Nationwide Credit, Inc.

Dated: April 21, 2010

KROHN & MOSS, LTD

By:

/s/ Nichols Bontrager Nicholas Bontrager Attorney for Plaintiff, Michael Sirbu

JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE 2

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DECLARATION OF SARA L. MARKERT I, Sara L. Markert, declare as follows: 1. I am an attorney at law duly licensed to practice before the above entitled Court

and am an attorney with the law firm of Houser & Allison, A Professional Corporation, counsel of record for Defendant, NATIONWIDE CREDIT, INC. ("NCI"). I have personal knowledge of the facts set forth herein and if called as a witness could and would competently testify as to those facts. 2. I submit this declaration in support of the Joint Stipulation to Continue the Further

Case Management Conference to June 7, 2010. 3. I am counsel of record in the matter Vassil Krapf v. Nationwide Credit, Inc., Case

No. 8:09-cv-00711-JVS-MLG, currently pending in the Central District of California. 4. I filed a motion for summary judgment on behalf of NCI in the Krapf matter

which is scheduled to be heard on Monday, May 17, 2010, at 1:30 p.m. at the United States District Court located at 411 W. Fourth Street, in Santa Ana, California. 5. I am unable to attend both the motion hearing in Krapf and the case management

conference in this action on May 17, 2010, due to the location and timing of the hearings. 6. I am available to attend a further case management conference in this matter on

Monday, June 7, 2010. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed this 21st day of April, 2010, at Long Beach, California.

/s/ Sara L. Markert Sara L. Markert

JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE 3

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DECLARATION OF NICHOLAS BONTRAGER I, Nicholas Bontrager, declare as follows: 1. I am an attorney at law duly licensed to practice before the above entitled Court

and am an attorney with the law firm of Krohn & Moss, Ltd., counsel of record for Plaintiff, MICHAEL SIRBU. I have personal knowledge of the facts set forth herein and if called as a witness could and would competently testify as to those facts. 2. I submit this declaration in support of the Joint Stipulation to Continue the Further

Case Management Conference to June 7, 2010. 3. I am counsel of record in the matter Vassil Krapf v. Nationwide Credit, Inc., Case

No. 8:09-cv-00711-JVS-MLG, currently pending in the Central District of California. 4. NCI filed a motion for summary judgment in the Krapf matter which is scheduled

to be heard on Monday, May 17, 2010, at 1:30 p.m. at the United States District Court located at 411 W. Fourth Street, in Santa Ana, California. 5. I am unable to attend both the motion hearing in Krapf and the case management

conference in this action on May 17, 2010, due to the location and timing of the hearings. 6. I am also counsel of record in the matter Christopher Gomez v. Valentine &

Kebartas, Case No. 108cv130867, currently pending in the Superior Court of California for Santa Clara County. 7. The Gomez matter is scheduled to go to trial on Monday May 24, 2010. I am

therefore unable to attend a further case management conference in this matter on Monday, May 24, 2010. 8. I am available to attend a further case management conference in this matter on

Monday, June 7, 2010. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct, and that this declaration was executed this 21st day of April, 2010, at Los Angeles, California. /s/ Nicholas Bontrager Nicholas Bontrager
JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE 4

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CERTIFICATE OF SERVICE ) ) ss )

I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 3760 Kilroy Airport Way, Long Beach, California 90806. On April 22, 2010, I served the following document(s) described as follows: JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE TO JUNE 7, 2010; DECLARATIONS OF SARA L. MARKERT AND NICHOLAS BONTRAGER IN SUPPORT HEREOF; [PROPOSED] ORDER On the following interested parties in this action: Nicholas J Bontrager Krohn & Moss Ltd 10474 Santa Monica Boulevard, Suite 401 Los Angeles, CA 90025 [e-mail] Attorney for Plaintiff BY ELECTRONIC MAIL--I hereby certify that I electronically transmitted the attached document(s) to the Clerk's Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the above listed CM/ECF registrants. I declare under penalty of perjury, under the laws of the United States that the foregoing is true and correct. Executed on April 22, 2010, at Irvine, California. /s/ Sara L. Markert Sara L. Markert

JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE 5

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: ______________ 4/23/2010 Pursuant to the parties' JOINT STIPULATION TO CONTINUE FURTHER CASE MANAGEMENT CONFERENCE TO JUNE 7, 2010, good cause so appearing, IT IS SO ORDERED. MICHAEL SIRBU, Plaintiff, vs. NATIONWIDE CREDIT, INC., [PROPOSED] ORDER CONTINUING FURTHER CASE MANAGEMENT CONFERENCE TO JUNE 7, 2010 Complaint Filed: August 7, 2009 Trial date: None scheduled Case No.: CV-09-03633 MHP-EDL Hon. Marilyn H. Patel UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ­ SAN FRANCISCO DIVISION

Defendant.

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