Burnham Brown A Professional Law Corporation v. Kunkel et al

Filing 11

ORDER RE: INITIAL CASE MANAGEMENT CONFERENCE; DIRECTIONS TO PLAINTIFF. The Case Management Conference is continued from January 15, 2010 to February 26, 2010. Further, plaintiff is directed to file, no later than February 5, 2010, (1) a request for e ntry of default as to any defendant who by that date has not filed a response to the complaint, or, in the alternative, (2) a statement indicating why plaintiff should not be required to make such request. Signed by Judge Maxine M. Chesney on January 7, 2010. (mmclc1, COURT STAFF) (Filed on 1/7/2010)

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Gregory D. Brown, State Bar No. 065318 Robert M. Bodzin, State Bar No. 201327 Kevin M. Larson, State Bar No. 245324 BURNHAM BROWN A Professional Law Corporation P.O. Box 119 Oakland, California 94604 --1901 Harrison Street, 11th Floor Oakland, California 94612 Telephone: [phone] Facsimile: [phone] E-Mail addresses: [e-mail] [e-mail] [e-mail] Attorneys for Plaintiff BURNHAM BROWN, A PROFESSIONAL LAW CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA BURNHAM BROWN A PROFESSIONAL LAW CORPORATION, Plaintiff, v. DONALD KUNKEL, ADVANCED RECYCLING EQUIPMENT, INC. and BIOMASS ENERGY CONCEPTS, LLC, Defendants. No. CV 09 4811 MMC STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER AND DIRECTIONS TO PARTIES Complaint Filed: October 8, 2009

Plaintiff BURNHAM BROWN A PROFESSIONAL LAW CORPORATION, ("Burnham Brown") hereby stipulates and respectfully requests that the Court continue the initial case management conference presently set for hearing before Hon. Judge Maxine M. Chesney on January 15, 2010. In support of this Stipulation, Burnham Brown states as follows: 1. 2. Burnham Brown filed its Complaint on October 8, 2009. All defendants were properly served with the summons and Complaint on

October 19, 2009.
BURNHAM BROWN'S STIP. TO CONT. INITIAL CASE MGT CONFERENCE; [PROPOSED] ORDER

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Case No. CV 09 4811 MMC

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3. 4.

As of the date of this stipulation is filed, no defendant has appeared in this matter. As no defendant has appeared in this matter, Burnham Brown respectfully

submits that good cause exists to continue the hearing date on the Case Management Conference to allow Burnham Brown to investigate all issues related to defendants failure to respond to the summons and complaint. This continuance will also conserve judicial resources and promote the interests of judicial economy. 5. 6. There have been no previous time modifications in this case. As no defendants have appeared at this time, the proposed time modification will

have a no impact on the schedule for this case. NOW, THEREFORE, the Burnham Brown as the sole appearing party in this matter hereby stipulates and agrees that, with the Court's approval: 1. The Case Management Conference is continued from January 15, 2010 to February 26, 2010, at 10:30 a.m., before Hon. Judge Maxine M. Chesney, and 2. All other deadlines related to the hearing are continued accordingly. Respectfully submitted, Dated: January 6, 2010 BURNHAM BROWN By: /s/ Kevin Larson /s/ GREGORY D. BROWN ROBERT M. BODZIN KEVIN M. LARSON Attorneys for Plaintiff BURNHAM BROWN, A PROFESSIONAL LAW CORPORATION

[PROPOSED] ORDER plaintiff's request PURSUANT TO STIPULATION, IT IS SO ORDERED. Further, plaintiff is hereby DIRECTED to file, no later than February 5, 2010, (1) a request for entry of default as to any defendant who by that date has not filed a response to the complaint, or, in the alternative, (2) a statement indicating why plaintiff should not be required to make such request. 7 Dated: January _____, 2010. _________________________________ HON. JUDGE MAXINE M. CHESNEY 2 Case No. CV 09 4811 MMC BURNHAM BROWN'S STIP. TO CONT. INITIAL CASE
MGT CONFERENCE; [PROPOSED] ORDER