Collectors Universe, Inc. v. Rodriguez

Filing 20

ORDER Case Management Statement due by 6/9/2011. Case Management Conference set for 6/16/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 3/11/2011. (mejlc1, COURT STAFF) (Filed on 3/11/2011)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Benjamin H. Ballard (CA 94772) Ballard Law Office 900 Larkspur Landing Circle, Ste. 179 Larkspur CA 94939 Ph: 415-781-3500 Fax: 1-866-295-5669 bhb@ballardlegal.com Armen R. Vartian (CA 94772) Law Offices of Armen R. Vartian 1601 N. Sepulveda Blvd #581 Manhattan Beach. CA 90266 Ph: 310-372-1355 Fax: 866-427-3820 avartian@gmail.com UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION Collectors Universe, Inc., a Delaware corporation, Plaintiff, vs. Roberto Rodriguez, an individual, John Barnardi; Does 1-10, individuals and/or entities whose identities are currently unknown, Defendants. / In the management conference statement plaintiff Collectors Universe, Inc. submitted in Conference Date: March 17, 2011 Time: 10:00 a.m. Courtroom: B Trial Date: None CASE NO. C 10 0260 MEJ CASE MANAGEMENT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. 24 connection with the last (November 18, 2010) conference, we stated that progress on the case 25 had been halted due to pending criminal proceedings against the primary defendant, Roberto 26 Rodriguez. That is still the situation. In addition to being the primary defendant, Mr. Rodriguez 27 is the main witness in the case, without whose testimony additional potential parties or witnesses 28 ___________________________________________________________________________________________________ CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ - 1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 can't be identified. The other party witness, John Bonardi, already has declined to answer deposition questions on fifth amendment grounds. According to the Alameda County prosecuting attorney, Scott Ford, in a telephone discussion on March 4, a preliminary hearing still has not been held and will not be until probably the first week of April, with trial at some undetermined time thereafter. Mr. Rodriguez has "waived time", i.e., his right to a speedy trial, creating a situation in which consideration of his case is delayed so cases in which time has not been waived can be considered. Unfortunately, the statement to the Court in our previous CMC statement still is accurate: "Plaintiff Collectors Universe is now in a position where its best efforts to move the case forward have been stymied by this inability to obtain key testimony concerning the fraudulent coin-alteration scheme at issue in the case from the two key witnesses who, as far as we have been able to determine, are the only witnesses who can provide the facts necessary to allow the case to proceed." In our last statement we proposed that, if the Court concluded another continuance of the CMC was not appropriate, the Court might consider issuing a stay of the case until criminal proceedings against defendant Rodriguez concluded. We would prefer another continuance as a more the practical solution for plaintiff , but will of course defer to the Court's decision how best to proceed. Date: March 10, 2011 19 20 21 Ballard Law Office Law Offices of Armen R. Vartian By: Benjamin H. Ballard 22 23 24 25 Attorneys for Plaintiff Collectors Universe, Inc. The CMC is continued to June 16, 2011 at 10:00 a.m. in Courtroom B. Dated: March 11, 2011 S ISTRIC ES D TC AT T RT U O UNIT ED 26 27 28 ER N ___________________________________________________________________________________________________ CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ - 2- F D IS T IC T O R A C LI FO s na Jame aria-Ele Judge M R NIA OO IT IS S RDERE D NO RT H

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