Collectors Universe, Inc. v. Rodriguez

Filing 27

ORDER re 26 Case Management Statement filed by Collectors Universe, Inc. Case Management Conference Continued to 4/12/2012 at 10:00 AM in Courtroom B, 15th Floor, San Francisco. The Joint Case Management Statement due by: 4/5/12. Signed by Chief Magistrate Judge MARIA-ELENA JAMES on 1/6/12. (bjtS, COURT STAFF) (Filed on 1/6/2012)

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Benjamin H. Ballard (CA 94772)
Ballard Law Office
900 Larkspur Landing Circle, Ste. 179
Larkspur CA 94939
Ph: 415-781-3500
Fax: [phone]
[e-mail]
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: [phone]
[e-mail]

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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Collectors Universe, Inc., a Delaware
corporation,

CASE NO. C 10 0260 MEJ

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CASE MANAGEMENT
STATEMENT OF PLAINTIFF
COLLECTORS UNIVERSE, INC.

Plaintiff,
vs.

Conference Date: January 12, 2012
Time: 10:00 a.m.
Courtroom: B
Trial Date: None

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Roberto Rodriguez, an individual, John
Barnardi; Does 1-10, individuals and/or entities
whose identities are currently unknown,
Defendants.
/

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In the case management conference statement plaintiff Collectors Universe, Inc.

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submitted in connection with the last (September 29, 2011) conference, we stated that progress

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on the case continued to be delayed by pending criminal proceedings against the primary

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defendant, Roberto Rodriguez. We reported that, according to the district attorney, a) a

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preliminary hearing had been firmly set for September 28, 2011 after being postponed several
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CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ

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times, b) there was a substantial chance Mr. Rodriguez might enter a plea to resolve the case

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against him, in which case self-incrimination issues that had prevented progress in this case also

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would be resolved and the case could proceed, and c) conversely, if Mr. Rodriguez did not, the

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criminal proceedings would not resolve, so that d) the current impasse in this case would

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continue.
The district attorney now reports that efforts to resolve the case have not succeeded, and
that the case will move forward, with an additional preliminary hearing scheduled for February
10, 2011, after which a trial date may be set, assuming sufficient evidence is presented to justify
trial, which we think will be the case. If charges are dismissed, this case should be able to proceed.
We therefore propose that the Court order another 90 day continuance to allow the
criminal case to clarify or resolve, and if that is acceptable will inform this Court of the situation
in our CMC statement or at such earlier time as we are able or as the Court directs.
Date: January 12, 2012
Ballard Law Office
Law Offices of Armen R. Vartian

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By: Benjamin H. Ballard

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Attorneys for Plaintiff Collectors Universe, Inc.

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IT IS SO ORDERED:

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Dated: January 6, 2012

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UNIT
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The Case Management Conference shall be continued to April 12, 2012 at 10:00 a.m.. The
Joint Case Mangement Statement shall be due April 5, 2012.

N

D IS T IC T
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CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ

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