Collectors Universe, Inc. v. Rodriguez

Filing 31

ORDER - Case Management Statement due by 10/11/2012. Case Management Conference set for 10/18/2012 10:00 AM in Courtroom B, 15th Floor, San Francisco.. Signed by Judge Maria-Elena James on 7/6/2012. (cdnS, COURT STAFF) (Filed on 7/6/2012)

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7 8 R NIA S FO Ju LI ER H 6 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 ria-Ele dge Ma RT 5 s na Jame NO 4 TED GRAN A 3 UNIT ED 2 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 RT U O 1 S DISTRICT TE C TA N F D IS T IC T O R C 9 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 14 15 Collectors Universe, Inc., a Delaware corporation, CASE NO. C 10 0260 MEJ CASE MANAGEMENT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Plaintiff, 16 17 18 19 vs. Conference Date: July 12, 2012 Time: 10:00 a.m. Courtroom: B Trial Date: None Roberto Rodriguez, an individual, John Barnardi; Does 1-10, individuals and/or entities whose identities are currently unknown, 20 21 22 23 Defendants. / In the case management conference statement plaintiff Collectors Universe, Inc. submitted 24 in connection with the last (April 12, 2012) scheduled conference, we reported that the primary 25 defendant in the case, Roberto Rodriguez, had not appeared at a state court preliminary hearing 26 relating to criminal proceedings instituted against him. We proposed that the Court order another 90 27 day continuance as efforts to locate and bring Mr. Rodriguez to trial continued. 28 ___________________________________________________________________________________________________ CASE MGT STATEMENT OF PLAINTIFF COLLECTORS UNIVERSE, INC. Case no. C 10 0260 MEJ - 1 The Alameda County District Attorney recently informed us that Mr. Rodriquez had been 2 located, had appeared before the state criminal court and that, as a result, criminal proceedings had 3 been largely concluded. 4 With fifth amendment concerns apparently no longer an issue, and it apparently also being 5 possible for us to serve Mr. Rodriguez with discovery and other case documents. it appears that this 6 action now will be able to proceed. The clerk entered Mr. Rodriguez's default on April 16, 2010 7 (case doc. # 10), but discovery will be necessary concerning the identity of other potential 8 9 10 11 12 13 14 15 defendants, as well as concerning damages and injunction issues. We therefore request that the Court re-instate its Order Setting Initial Case Management Conference and ADR Deadlines (case doc. #2, filed 01/20/10, copy attached hereto), and order that all related deadlines be adjusted accordingly, using July 12, 2012 as the basis for calculation instead of the 1/20/10 "Complaint filed" date shown in that 1/20/10 Order. The Court also should set another case management conference date. We will appear at the July 12, 2012 unless informed that no appearance will be necessary. Date: July 5, 2012 16 17 Ballard Law Office Law Offices of Armen R. Vartian 18 By: Benjamin H. Ballard 19 Attorneys for Plaintiff Collectors Universe, Inc. 20 S aria Judge M RT ER H 28 ames -Elena J NO 27 ERED O ORD IT IS S FO 26 UNIT ED 25 S DISTRICT TE C TA RT U O 24 Dated: July 6, 2012 R NIA 23 LI 22 The parties' request is GRANTED. The Case Management Conference is continued to October 18, 2012, at 10:00 a.m. in Courtroom B. All case management and ADR deadlines are adjusted accordingly. A 21 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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