Pestalozzi v. Patek Philippe S.A. et al

Filing 15

ORDER RESETTING CMC re 14 Case Management Statement filed by Raymond Pestalozzi. Signed by Judge Edward M. Chen on 9/14/11. (bpf, COURT STAFF) (Filed on 9/14/2011)

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2 3 4 JAMES M. BARRETT,ESQ. SBN 190274 LAW OFFICE OF JAMES M. BARRETT PLC 789 CASTRO STREET MOUNTAIN VIEW, CA94041 PH. 650-969-3687 FX 650;.969-3699 5 6 Attorney for Claimant Raymond Pestalozzi 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 RAYMOND PESTALOZZI, an Individual DBA THINK SECURE LABS 11 Plaintiff, 12 v. 13 PATEK PHILIPPE S. A., THIERRY STERN, an Individual. 14 Case No: CVI01558 1 REQUEST FOR CONTINUANCE OF ) CASE MANAGEMENT CONFERENCE ~) Defendants. SET FOR SEPTEMBER 19, 2011 ) ~) (Proposed) ORDER. Honorable Magistrate Judge Chen ) 15 16 17 TO ALL PARTIES AND THEIR ATTORNEYS, Plaintiff Raymond Pestalozzi 18 Requests that the Case Management Conference set for September 19,2011 be continued for the 19 following reasons; . 20 1. Defendants PatekPhilippe S.A and Thierry Stem have no legal presence in the 21 United States of America but reside, operate and are incorporated in the Country 22 of Switzerland on the Continent of Europe. 23 2. Service of Process must be made through The Hague Service Convention. 24 3. All documents are to be translated into French for service in the native language. 25 4. The Law Offices of James M.Barrett PLC are utilizing the services of Crowe 26 27 Foreign Services of Portland, Oregon for service of the defendants. 5. Crowe Foreign Services are recognized as a foreign service organization. 28 Pestallozzi v. Patek Request for Case Management Continuance 6. Crowe Foreign Services has provided sufficient infonnation that the service ofthe 2. complaint and associated documents will take a minimum of three months from 3 date of submission to serve of the Defendants. 4 7. Plaintiff Pestalozzi has been hampered with medical conditions including a stroke 5 and additionally has been on a respirator and heart control pump which has 6 prevented his ability to prepare all pleadings' translation for the service of .7 process. 8 8. 9 10 submission had a severe relapse causing his inability to participate in this matter. 9.. 11 12 PlaintiffPestalozzi has been recovering and following the last case management Plaintiff apologizes to the Court for any delay, but does intend to participate in this matter at his earliest possible ability. 10. That Plaintiff hereby requests that the Case Management Conference be continued 13 for a period of six months to insure service or process and a proper response from 14 Defendants . 15 . . This continuance is hereby requested based on the above infonnationand judicial 16 efficiency is best served by this continuance. 17. Dated: September 12,2011 Respectfully submitted, 18 19 20 21 24 25 regarding the requirements for service of process of the complaint it is the Order of this Court that the CaseManagement Conference set for September 19, 2011 is hereby continued to 3/30/12 at 9:00 a.m. A joint CMC Statement shall be filed by 3/23/12. _--'-_ _ _~_ _2011. UNIT ED 28 IT IS SO ORDERED. 9/14/11 DATED:~_ _ _ _ _ _ __ District S DISTRICT TE C TA RT U O 27 S 26 Magistrate Judge Edward M. Chen RED DE States O OR Judge of the United T IS SDistrict Court D NO Pestallolzi v. Patek Request for Case Management Continuance. I DIFIE AS MO hen rd M. C R dwa Judge E IA 23 .. Having reviewed the Request for Continuance from Plaintiff, including the statements ORN 22 2

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