Collectors Universe, Inc. v. Rodriguez

Filing 22

ORDER Case Management Statement due by 9/15/2011. Case Management Conference set for 9/22/2011 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 6/9/2011. (cdnS, COURT STAFF) (Filed on 6/9/2011)

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1 2 3 4 5 6 7 8 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 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 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 Collectors Universe, Inc., a Delaware corporation, CASE NO. C 10 0260 MEJ 15 16 17 CASE MANAGEMENT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Plaintiff, vs. Conference Date: June 16, 2011 Time: 10:00 a.m. Courtroom: B Trial Date: None 18 19 20 21 22 Roberto Rodriguez, an individual, John Barnardi; Does 1-10, individuals and/or entities whose identities are currently unknown, Defendants. / 23 In the case management conference statement plaintiff Collectors Universe, Inc. 24 submitted in connection with the last (March 17, 2011) conference, we stated that progress on 25 the case had been halted due to pending criminal proceedings against the primary defendant, 26 Roberto Rodriguez. According to the district attorney today, a preliminary hearing is set for June 27 28, with no trial date set, and no current estimate when the case will be resolved, Mr. Rodriguez 28 - 1- ___________________________________________________________________________________________________ CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ 1 having "waived time" for a speedy trial, making resolution of his case lengthier and certain to 2 predict. 3 4 5 6 7 Therefore, the statement to the Court in our two previous CMC statements 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." 8 In our last two statements we proposed that, if the Court concluded another continuance 9 of the CMC was not appropriate, the Court might consider issuing a stay of the case until 10 criminal proceedings against defendant Rodriguez concluded. We propose instead another 90 11 day continuance and will inform the Court promptly of any developments that would allow the 12 case to proceed. 13 14 Date: June 9, 2011 Ballard Law Office Law Offices of Armen R. Vartian 15 16 By: Benjamin H. Ballard 17 Attorneys for Plaintiff Collectors Universe, Inc. 18 19 The CMC is CONTINUED to September 22, 2011 at 10:00 a.m. in Coutroom B. All deadlines are adjusted accordingly. 21 S 24 UNIT ED 23 S DISTRICT TE C TA RT U O 22 Dated: June 9, 2011 R NIA 20 25 ER - 2- A H 28 FO aria-E Judge M LI RT 27 es lena Jam NO 26 N F D IS T IC T O R C ___________________________________________________________________________________________________ CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ

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