Adobe Systems Incorporated v. Marku

Filing 9

ORDER Initial Case Management Conference set for 2/19/2010 is continued to 6/16/2010 10:00 AM.. Signed by Judge Samuel Conti on 1/27/10. (tdm, COURT STAFF) (Filed on 1/28/2010)

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J. Andrew Coombs (SBN 123881) [e-mail] Nicole L. Drey (SBN 250235) [e-mail] J. Andrew Coombs, A Prof. Corp. 517 East Wilson Avenue, Suite 202 Glendale, California 91206 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Adobe Systems Incorporated

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO DIVISION) Adobe Systems Incorporated, v. Plaintiff, ) ) ) ) ) ) ) ) ) ) ) Case No. C09-5166 SC REQUEST TO CONTINUE CASE MANAGEMENT CONFERENCE

Claude Marku, an individual and d/b/a www.nikknak.com and Does 1 through 10, inclusive, Defendants.

PLAINTIFF Adobe Systems Incorporated ("Adobe" or "Plaintiff"), by and through its counsel of record, Nicole L. Drey, of J. Andrew Coombs, A P.C., hereby requests as follows: WHEREAS the Court set the Scheduling Conference in the above-captioned matter for February 19, 2010, at 10:00 a.m.; WHEREAS Defendant has not yet been properly served with Summons and Complaint; WHEREAS Plaintiff served Defendant by certified mail in or about November 2009 but received an unsigned return receipt; WHEREAS counsel for Defendant first contacted Plaintiff on or about December 7, 2009, and agreed to a waiver of service, but Plaintiff has not received the signed waiver back from Defendant's counsel or heard from Defendant or his counsel since that initial communication, despite several follow-up attempts;

Adobe v. Marku: Request to Cont. CMC

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WHEREAS Plaintiff has re-sent service to Defendant by certified mail and is awaiting the return receipt; WHEREAS Plaintiff anticipates proceeding with default, due to Defendant's lack of communication, once proper service has been effected; WHEREAS there have been no prior continuances requested by the Parties; and NOW, THEREFORE, Plaintiff requests that the Case Management Conference in the above captioned matter be continued until June 18, 2010, or a date thereafter acceptable to the Court. Dated: January 26, 2010 J. Andrew Coombs, A Professional Corp. By: ___/s/ Nicole L. Drey___________________ J. Andrew Coombs Nicole L. Drey Attorneys for Plaintiff Adobe Systems Incorporated

[PROPOSED] ORDER PURSUANT TO REQUEST, IT IS SO ORDERED that the Case Management Conference set for February 19, 2010 is continued to Wednesday, June 16, 2010 at 10:00 a.m.

January 27 DATED: _____________, 2010
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Adobe v. Marku: Request to Cont. CMC

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